Burke County NcArchives Court.....Duckworth, John Many ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Judy Brickhouse sesdvs@hotmail.com August 11, 2013, 2:38 pm Source: Family Search Written: Many North Carolina Estate Files 1663-1979 This indenture made the Twenty Third day of November in the year of our Lord One Thousand and Forty between John Duckworth of the State of North Carolina and County of Burke of the first part Jonathan Duckworth of the County and State aforesaid of the other part, witnesseth that the said John Duckworth for and in consideration of the sum of Four Hundred dollars, to him in hand paid by the said Jonathan Duckworth, the receipt whereof is hereby acknowledged, hath bargained sold conveyed and confirmed and by these presents doth bargain, sell, convey and confirm unto the sd. Jonathan Duckworth, his heirs and assigns forever a certain tract or parcel of land situate lying and in the County and State aforesaid, on the waters of Hunting? Creek bounded and running as follows viz: Beginning at Michael Kellars corner an old dead poplar, ash and bunch of maples in the channel of the branch on the north side of the creek, then with said line south sixty nine degrees west up the branch one Hundred and fifty eight poles to a stake and pointers at the head of sd. branch, then south forty two degrees west One Hundred and two poles to a small white oak on a ridge. Then west fifty five poles to a blackoak on a ridge then north ten degrees east two hundred and forty poles to a blackoak called in the state patent a red oak on a ridge, then north thirty eight poles to a large pine and forked blackoak at the head of branch then down the said branch as it meanders one hundred and fifty poles to a forked maple then east twenty poles to a post oak, then north sixty degrees east sixteen poles to a stake in McEntires? Field then north seventy five degrees east twelve poles to a stake then north fifty five degrees east sixty six poles crossing the creek to a hickory gub in a hollow, then south five degrees east to the beginning containing Two Hundred and Sixty Five acres be the same more or less with all woods ways, waters mines and minerals, and all and every of the apertrinences there unto belonging or in any wise appertaining. To have and to hold the aforesaid land and premises unto the said Jonathan Duckworth his heirs and assigns forever and for myself my heirs and assigns I the said John Duckworth will warrant and forever defend the said land and premises unto the said Jonathan Duckworth his heirs and assigns, against all claim or claims of all and every other person or persons whatsoever. Inwitness whereof I the said John Duckworth hath hereunto set my name and affixed my seal the date above written. John Duckworth seal Signed sealed and delivered in presence of Reuben N. Ross George H. Dale State of North Carolina Burke County This 28 day of November AD 1857 personally appeared before me John M. Dick. One of the judges of the several Superior Courts of law and County of Equity for said state. The within named John Correll? And his wife Minerva Correll and acknowledge the due execution by them of the within deed, thereupon the said Minerva Correll being by me privately examined separate and apart from her said Husband, touching her free consent in the execution of the said deed of conveyance, she on such examination declared that she had executed the same freely of her own will and accord and without any force, fear or under influence of her said husband or anybody else and did still voluntarly assent thereto therefore let the said deed and this certificate be registered. Jno. M. Dick Clk John Correll & Wife Minerva Correll To James A. Duckworth This indenture made this the Twenty Eight of November in the year Eighteen Hundred and Fifty Seven between John Correll & wife Manerva A. of the County of Burke and State of North Carolina of the one part, and James A. Duckworth of the County of Burke and State of North Carolina of the other part: Witnesseth, that the said party of the first part, for and in consideration of the sum of Fifty Dollars, to the said party of the first part in hand paid, the receipt of which is hereby acknowledged, hath sold and conveyed and doth hereby sell and convey to the said party of the second part, ALL their enter eal as heirs of Jonathan Duckworth Dec. to THAT TRACT OR PARCEL OF LAND lying in the county of Burke and Stat e of North Carolina bounded as follows: (boundries are the same as in image 6) Also that tract granted to Jonathan Duckworth Jun. In 1819 beginning on a Hickery on a ridge & side path that leads to the Bear Wallow and runs north one hundred & sixty poles to a stake then east one hundred poles to a stake then south one hundred & sixty poles to a stake then west one hundred poles to the beginning including a spring on the side of a mountain, containing One Hundred acres. To have and to hold the same with the appurtenances thereunto belonging to him the said party of the second part his heirs and assigns forever. And the said party of the first part, for the consideration aforesaid, doth hereby covenant and agree to WARRANT and DEFEND the premises aforesaid, to the said party of the second part, his executors, Administrators and Assigns against the claim and entry of all persons whatsoever and we doth further covenant that we are seized of the premises in fee simple, and hath power to make and convey such an estate by this Indenture and hath done the same by these presents, to the said James A. Duckworth. In Witness Whereof the said party of the first part hath hereunto set their hands & seals the day and year above written. Interlineations before signing which we approve. John Correll seal His x mark Manerva Correll Signes, Sealed and Delivered in the presence of M. A. Crawley North Carolina Burke County The undersigned Free Holders? Of the County of Burke having been appointed Commissioners to lay off and allot to Lucinda Duckworth widow and relict of Jonathan Duckworth dec. One years provision out of the crop stock & provisions on hand belonging to the estate having first been duly sworn according to law submit the following report: the widow to have all the corn, wheat and grain of every kind on hand, as well as the fodder and provisions? Of every other description. 3 Milch cows and 2 beef cattle 2 horses, 2 ploughs & 2 pr plough gears, 2 hoes, 2 axes, 1 matlock & wedge & sprouting hoe, 3 bee hives, 1 side saddle, the stock of hogs & sheep. The household & kitchen furniture, wearing apparel belonging to the family provision and family store on hand poultry and vegetables of all kinds and for want of a sufficiency the Adm. In the opinion of the undersigned should pay the sd. widow the sum of Sixty dollars cash. Given under our hands & seals 4th Dec. 1846. C.M. Avery M.W. Witser? W.C. ???? Sworn to before R.C. Pearson JP This Indenture made the Twenty Eight day of August in the year of our Lord One Thousand Eight Hundred and Seven between Thomas Mackey of the County of Burke and in the State of North Carolina of the one part and John Duckworth of the County and State aforesaid of the other part witnesseth that the said Thomas Mackey for and in consideration of the sum of Fifty Pounds to him in hand paid by the said John Duckworth at or before the sealing and delivering of these presents the receipt whereof the said Thomas Mackey doth hereby acknowledge hath given granted bargained and sold alien and confirmed and by these presents doth give grant bargin and sell alien and confirm unto the said John Duckworth his heirs and assigns forever all that tract and parcel of land situate lying and being in the County of Burke aforesaid on a fork of Hunting Creek bounded by land belonging to George Duckworth Michael Kellar John McGimpsey & James M. Entire? Beginning at said Michael corner an old dead poplar & ash & a bunch of Maples in the channel of the dry branch on the north side of the creek thence with said line south Sixty nine degrees west up the Branch One Hundred and Fifty Eight poles to a stake and pointers at the head of said Branch then South forty two degrees west One hundred & two poles to a small white oak on a ridge then west fifty five poles to a black oak on a ridge then with John McGimpsey lands north ten degrees East two hundred & forty poles to a black oak calld in the State a red oak ????? a ridge then north thirty eight poles to a large pine & forked black oak at the head of a branch then down said branch as it meanders to a forked maple one hundred & fifty poles then east twenty poles to a post oak then north sixty degrees east sixteen poles to a stake in McEnters field then north seventy five degrees east twelve poles to a stake then north fifty five degrees east sixty six poles crossing the creek to a hickory grub in a hollow in the said George Duckworth line then with said line sout five degrees east to the beginning containing Two Hundred & Sixty Five acres be the same more or less. With all the woods ways waters and water courses and all and every of the appurtenances thereunto belonging or in any wise appertaining and the revision and ??????? remainder and remanders rents issues and profits of the aforesaid land and premises and every part thereof and all the ????? right title interest claim property and ????? whatsoever of the said Thomas Mackey of in and to the land and premises hereby granted to have and to hold the aforesaid land and premises with the appurtenances unto the said John Duckworth his heirs & assigns forever and the said Thomas Mackey for himself and his heirs the aforesaid land and premises and every part thereof against him and his heirs and against the claim or claims of all and every other person or persons whatsoever to the said John Duckworth, his heirs & assigns shall and will forever warrant and defend by these presents, in witness whereof the said Thomas Mackey hath hereunto set his hand and affixed his seal the day and year first above written Thomas Mackey seal Sealed and delivered in the presence of Michael Kellar George Duckworth State of North Carolina Burke County October Session 1807 The execution of the within conveyance was duly proved in open court by the oath of Michael Kellar a subscribing witness thereto recorded and let it be registered Attest. ?????Erwin? Clk Registered in the Registers Office of Burke County in Book 11 page 176 June 11 day 1808 L. Coleman Clk State of North Carolina Burke County In Equity Spring term 1868 Jno. W. Duckworth et al Vs. James Duckworth At the last term of this honorable court the Master was ordered to ???????? these Defendant James Duckworth had the exclusive control use & occupation of said lands . And what damages (if any) had been committed by him on the land or & if he had not sold rails & wood off of the land & & appropriated the same to his own personal use. And if he ????? use in the interest of any of ???????? & report to this term of said Court. The Master would ?????? the following as his report. The Master on the 14 & 15 of March instant caused ????? to appear before him & he ????? ???????? the matter in controversary the testimony ????taken is filed with the proper in this case. It appears that as soon after the death of Jonathan Duckworth a Jury was summoned to lay off the widows dowers & that the Jury met ???????? on the subject that the Jury could not agree & that the home place was given to the Widow of said Jonathan Duckworth during her lifetime. That Jn. W. Duckworth lived with his Mother for Six years after the death of his Father & there James Duckworth the Defendant ??????? & to the place & lived in the house of his Mother till her death which occurred in Jany. 1867 & he has continued to live there since. All the time that he has resided in the place he supported his Mother & his younger Brothers & Sisters & schooling the younger ones. The Brother were large enough to give him Material and in the cultivation of the land To the Sheriff of Burke County Greeting, Whereas in our court of Pleas and Quarter Sessions LOUCINDA DUCKWORTH Widow and relect of JONATHAN DUCKWORTH decd. Filed her petition against JAMES DUCKWORTH, MINERVA, JOHN, ALTHEA, DELILA, JANE, THOMAS, LAFAYETT & NANCY L. DUCKWORTH heirs at law of JONATHAN DUCKWORTH praying to leave dower laid off and allotted to her agreeable to law in the following land to wit: Situate lying and being in the County of Burke which may be ascertained by reference to a deed of conveyance from John Duckworth to Jonathan Duckworth dated the 23rd day of November 1840 Witness by Rueben Ross and George H. Deal and to a grant from the State to Jonathan Duckworth dated the 9 day of September 1819, both of which said title deeds are hereunto affixed? And whereas it was adjudged by the court that the petitioner have dower in the land set forth in said petition agreeable to law. You are therefore commanded to summon twelve freeholders connected with the parties neither by ????? or consequently and entirely disinterested upon oath to go upon the premises aforesaid and lay off and allot to the said Loucinda Duckworth Widow and relict of Jonathan Duckworth and her dower of one third part of all the land tenants and hereditaments in said County of which the said husband was seized including the dwelling or mansion house in which said did most usually dwelt ??? before his death with the out-houses offices? and buildings annexed and to put her in possession of the same as prescribed by law and that they report the same to our said Court of Pleas and Quarter Sessions to be held for the County of Burke at the Court House in Morganton on the 3rd Monday after the 4 Monday in December next. Witness J.D. Ferree Clerk of our said Court at office? The 4 Monday after 4 Monday in Sept. 1846 and in the 71st year of American Independence Issue the 24 Nov. 1846 J.D. Ferree Clerk We the undersigned Jurrors having been duly summoned & sworn by A. Duckworth Shff. Of Burke County in compliance with the within writ. Finding it some what difficult in Justice to all parties concerned & the Petioner in this case being willing & thinks it best to decline having an allotment or Dower laid off for her at present. We therefore respectfully report that we have made no allotment to the Widow. Given under our hands & seal this 12? Dec. 1846. I.H. Pearson Peter Mull T. Geo. Walton John Smith C.M. Avery Mark Lunan Jos. Brittain Robt. McElrath JohnHarbinson Logan Dillinger Geo D. Neill David Mace Alexander Duckworth witness for Defendant examined? Question: Were you present when the judgement to lay off the Dower to the Widow of Jonathan Duckworth decd. If so state all you know about it. Answer: I think I was Sheriff who summoned the Jury & my recollect is that the jury failed to lay off the Dower, as the good land was at one end of the tract of land & the woodland at the other & the dwelling house was in the center between the good land & woodland. My impression is that the Jury made a determ that they would not agree A.Duckworth Sworn to subscribed before me This the 16 March 1868 E.J. E??? Clerk Thos. G. Walton witness for Plaintiff examined Question: State whether you were one of the Jury summoned to lay off the Dower to the Widow of Jonathan Duckworth decd. & if so state all you know about it. Answer: I was a Juror and appeared with the other Jurors summoned at the time appointed at the house of the late Jonathan Duckworth for the purpose of laying off the Dower of the Widow of sd. Jonathan Duckworth, so long a time having elapsed (Twenty years) I do not remember what was done in the premises, except that a written report of the action of the Jury was made, signed by the Jurors and Returned to the County Court T.Geo. Walton Sworn to subscribed before me this 16 March 1868 E.J. Erwin Clk? State of North Carolina Burke County In Equity Jn. W. Duckworth & others Vs. James Duckworth In presence to an order of of the Court of Equity for Burke County in the case of John W. Duckworth et al vs. James Duckworth to take an account touching the matters in controversy as set forth in the Petition of Jno. Duckworth et al against James Duckworth & caused the parties to appear before me at office on this the 13th day of March 1868 for the purpose of taking said account I have caused the several witnesses summoned by the parties to be examined before me who being duly sworn on the Holy Evangelist of Almighty God testified as follows (to wit) Peter Mull witness for Petitioners first examined Question by Plaintiffs Lawyer: Acquainted with parties to this suit Answer: I am Question: Do you know whether James Duckworth has had continual possession & occupation of the tracts of land belonging to the estate of Jonathan Duckworth decd. & if so did he receive all the rents & d he applied them to his own individual use. Answer: James Duckworth had the control of all the lands from Six years after the death of his Father to the present. I was one of the Jury appointed to lay off the Dower of Lucinda widow of Jonathan Duckworth that the Jury could not agree & reported the same To the Court & no Dower has ever been laid off to Widow & he received all the rents of the tract on which lived & all the rents on the mountain tract to 1865. I do not know whether he appropriated the proceeds to his own use I know nothing about the rents. Question: State what the rent of the home place was worth annually. Answer: I think the renter should have paid One Hundred bushels of corn, Fifteen bushels of wheat as to oats I do not know about Two stacks of hay. P. Tull Sworn to subscriber before me This the 14 March 1868 E.J. Erwin Clk James Roper witness for Defendant examined Question: Do you know the parties to this suit Answer: I do Question: State all you know about the condition of the home place at the time Jas. Duckworth took possession of it. Answer: It was in bad fix. It was grown up the bottom had to be ditched & cleaned up and it took a great deal of labor to repair it & Jno. Duckworth assisted him in ditching the bottom. Question: State all you know about James Duckworth cutting timber & hauling wood & rails & selling the same. Answer: The wood he hauled was mostly from land He was clearing for wheat He hauled rails cut & made off of land not cleared, how many I do not know & he hauled the tops? of the trees & sold the wood. I do not know how many loads he sold I do not know. Question by Plaintiffs: Has he not hauled from time to time every since he has resided on the land, wood & sold it. Answer: He hauled every year since. Question: State what think was the value of the wood rails hauled & sold while he lived on the land. Answer: I cannot say as I do not know the number of loads of wood or the number of rails he hauled. Question: State what rents should have been received from the home place & it value. Answer: The rent should been raised from 300 to 500 bushels of corn each year & from 30 to 60 bushells of wheat & 5 or 6 stacks of hay corn was worth from 30 to 50 cts. Wheat One doller per bushel. Question by Defendants: Did Jas. Duckworth maintain his Mother all the time he resided on the land & did he maintain the children & how long. Answer: He maintained his Mother all the time the children as long as they lived with him there was Three children how long I do not know. Question by Plaintiff: Were not all the children worked(worth?) their board & clothing. Answer: All except Sarah she was about Seven years of age. James Roper Sworn to subscriber before me March 11, 1868 E.J. Erwin Clk. James H. Custes(Carter?) witness for Defendant examined Question: State what you know of the condition when I moved to the home place. Answer: I think was in bad condition great deal of cleaning up & ditching to do & all fence to repair Jno. Duckworth assisted him in his ditching. Question: State what you know about Jas. Duckworth cutting & hauling wood to town. Answer: I saw him hauling wood to town from the land he was cleaning ever since I lived near him. J.H. Custes Sworn to subscribed before me this 14 March 1868 E.J. Erwin Clk. Clement Fair witness by Plantiffs examined Question: How long you been living on the tract of land belonging to heirs of Jonathan Duckworth & known as the Mountain tracts & what rents you been annually & to whom. Answer: I have lived there Twelve years, Two years I had it free of rent for improving the place & paid the third & paid from 20 to 40 bushels each year of corn for Six years to Jas. Duckworth and Two years to the heirs. I think I paid him 200 bushels for Four or Five years. Clement Fair His x mark Sworn to subscribed before me this 14 March 1868 E.J. Erwin Clk. State of North Carolina Burke County In Equity Jno. W. Duckworth et al Vs James Duckworth The petition of A.C. Avery administrator of C.M. Avery deceased, respectfully showeth to your Honour that it appears from the report of the clerk and Master in said Court that the interest of Jno. W. Duckworth in his Fathers lands, being the 1/9 part, is now vested in petitioner as personal representive of C.M. Avery deceased, by reason of Deed of Trust, executed to said C.A. Avery, as therein set forth and petitioner Rays your Honour to that petitioner be made a party in said cause, and that it may please your Honour to order that the interest of said Jno. W. Duckworth in said lands or the money arising from the sale of said interest shall be paid to petitioner for the purpose of discharging the debts secured in said Deed of Trust so much of said fund as may be necessary for that purpose and petitioner will ever pray. A.C. Avery Administrator of C.M. Avery John W. Duckworth Et Al VS James Duckworth In this case it appearing to the Court from the Masters report that John W. Duckworth had previously to the sale of the real estate mentioned in the pleadings conveyed his interest in the real estate therein described to C.M. Avery as Trustee to secure a debt Thomas Walton and T.G. Walten and C.M. Avery Executers it is ordered that the share of the money when collected which would belong to the said John Duckworth in so much thereof as my be necessary to the satisfaction of the debts ?????? in said ?????? trust This Indenture made on 19th day of Febuary 1859 between C.M. Avery of the County of Burke and State of North Carolina of the one part and John W. Duckworth of the same County and State: Witnesseth that whereas the said John W. Duckworth for and in consideration of the sum of One Dollar to him in hand paid by the said C.M. Avery Trustee: the receipt whereof the said John W. Duckworth doth hereby acknowledge and in further consideration of the purposes herein after expressed hath given granted bargained and sold and by these presents doth give grant and sell to the said C.M. Avery Trustee his heirs and assigns all my title in and to Two certain tracts of land situate and being in the County Burke and State of North Carolina. The first tract containing Three Hundred acres more or less lying on the waters of Hunting Creek adjoining lands of Jacob Keller C.M. Avery and others being the tract on which J.A. Duckworth now resides which said lands decended to me as one of the legatees of Jonathan Duckworth deceased also one other tract on the waters of Silver Creek Above Abraham Kellers on the South Mountain containing One Hundred acres being the place in which Clem Fair now lives. To have and to hold the said lands with the appurtanences to the said C.M. Avery Trustee his heirs and assigns forever. And the said John W. Duckworth doth covenant to warrant and defend the same with the appurtanances to C.M. Avery his heirs and assigns that he is seized of the premises with the appurtances in fee simple and hath full power to convey the same in fee simple, and hath conveyed the same in fee simple subject nevertheless to the conditions herein after contained: The condition of the above obligation is such that whereas the above named John W. Duckworth is indebted to estate of Thomas Walton deceased in the following sums (to wit) one note fore Twenty Five dollars 41/100 bearing date 30th Sept. 1856 also one other given to C.M. Avery and T.G. Walton exec. Of Thos Walton Decd. For Thirty One dollars and 41/100 bearing the same date of this instrument of writing And whereas it is the purpose of this conveyance to secure the payment of the above Two notes with all legal interest therein and the cost of this instrument, Now if the above named John W. Duckworth shall not well and truly pay off and satisfy the above named claims on or before the 1st day of January 1861 then and in that case the said C.M. Avery Trustee shall have power after advertising at the public places in said County to sell the said lands to the highest bidder at the Court House door for cash and out of the proceeds of the sale of said sale pay off and satisfy the above named claims with all legal cost in executing this Trust and the overplus if any pay over to the John W. Duckworth in his order. If however an before the 1st January 1861 the said John W. Duckworth shall pay off and satisfy the above named claims with all legal interest therein then this conveyance is to be void and of none effect, otherwise to remain in full force and effect. Given under our hand and seals day and date written. John W. Duckworth seal C. M. Avery seal Signed sealed and delivered in the presence of E. Stanly Walton jurat State of North Carolina Burke County I J.B. Kincaid Clerk of the Court of Pleas and Quarter Sessions for the County aforesaid hereby certify that the within Deed of Trust from John W. Duckworth & C.M. Avery was duly proved before me by E.S. Walton a subscribing witness thereto November 14, 1859 J.B. Kincaid Clerk Registered in the registers of Burke County in Book NO. 28 page 210. This the 15 day November 1859 N.M. Walton C.R. Reced of J.A. (James A.) Duckworth guardian of Jonathan Duckworth miner heirs the sum of Twenty Nine dollars and Eighty Four cents in part of my distributive share as one of said heirs given under my hand and seal this 13th November 1851 C.M. Hawkins Witness Jos. Brittain Receipt L.H. Hawkins $29.84 Recd of James A. Duckworth as guardian of J.L. (Jonathan L.) Duckworth Thirty Too dollars for saddle & Bridle & repairing saddle this the 15th day of Sept. 1860 Joshua Setzer James A. Duckworth Receipt as guardian of Jonathan L. Duckworth Sept. 15, 1860 Recd. Of J.A. Duckworth guarden of Jonathan Duckworth ????? hairs the sum of One Hundred & Fiftey Six dolers & 60 cents in parte of his distributed share as one of late hairs given under my hand and seal this January 4, 1856 Thomas N. Duckworth Receipt T.N. Duckworth $156.60 $18.60 Received of James A. Duckworth as guardian of the miner hars the some of Eighteen Dollars and 60 sents of parte of the dist??? Of the miner hars give under mi hands and selde this the 24 November 1861 Sarah L. Duckworth Jas. Duckworth Gard. Of Deliah, Jane, Thos., Layfiate & Sarah. Recd. Of Logan Dillinger former Gard. Six Hundred Twenty dollars in notes & Fifty Seven in cash on 12 Nov. 1851. $55.oo one day after dite I promise to pay Mis Malinda Ranson the sum of Fifty Five dollars for ??????? of hur as wittings mi hand on this the 21 July 1862 J. Duckworth J.A. Duckworth Note of $55.oo ?. L. Duckworth This the 21 of July 1862 Colomes dew on the note 6.08 I assign the within note payable to S.E. Poteet and R.P. Pearson this 6th of Sept. 1862 Malinea Johnson Her x mark Rectd of J.A. Duckworth gardien of Jonathan Duckworth minor heirs the some of Ninty One Dollars an 50 cts in full of my Destribute share as one of said hear given under mi hand and seal this the 12 of Aprile 1855 L.C. Hawkins Rect L.H. Hawkins $91…50 cts $708 Twelve months after date Mr. Thomas A. Dorsey as principal & John Dorsey as Security promise to pay to E.J. Erwin Clerk & Master in Equity for Burke County Seven Hundred and Eight Dollars ??? for a tract of land sold as the Possess of Jonathan Duckworth dec. containing 265 acres known as the home place given under our hands and seal. This the 3rd day of March 1868 T.A. Dorsey John Dorsey File at: http://files.usgwarchives.net/nc/burke/court/duckwort3088wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 28.9 Kb