HAYWOOD COUNTY, NC - WILLS - Probate of the Estate of Joseph Turner --------------¤¤¤¤¤¤-------------- Probate of the Estate of Joseph Turner of Haywood County 1820-1827 (formerly of Caswell County NC and Halifax County VA) > The naming of his own heirs in Haywood County > The naming of the heirs of his son Abraham Rogers Turner, claiming to be legatees of Joseph Turner, who lived in Buncombe County (the part that is now Yancey County) Transcribed and compiled by Marshall Styles marshallstyles@yahoo.com, September 2002 1820 About January 1820 - Joseph Turner dies in Haywood County NC. 1 February 1820 - "Widow Turner's Relinquishment of Administration" - I Mary Turner the widow of Joseph Turner deceased do relinquish my rite of administration to William Bryson and John Slate given this day my hand and seal this 1 day of February 1820; Mary (her X mark) Turner. Witness William Deaver. See 21 March 1820 where she appoints alternate administrators. 2 February 1820 - State of North Carolina Haywood County }} Know all men by these presents that we William Bryson & John Slate both of said County are jointly and severally held & firmly bound unto Thomas Love Esquire, Chairman of the Court of Pleas & Quarter Sessions in the county aforesaid in the sum of two thousand dollars Lawful money of said State, To the payment of which will and truly be made & done, we do bind ourselves and each of us our heirs, jointly and severally, firmly by these presents, sealed with our seals & dated the 2nd day of February AD 1820. The condition of the above obligation is such that whereas the above bounden Wm. Bryson & John Slate hath made application and is specially appointed administrator of that part of the Estate of Joseph Turner deceased (etc.). {Seal} William Bryson, John Slate, Jeremiah R. Pace. 9 February 1820 - We the ares [heirs] of Joseph Turner deceased have a note of one hundred dollars against his estate. William Cathey has a clame of ten dollars or more. J. Slate has a clame of attend at the Morganton Superior Court. To wagon and team over to Ritchland to fetch a lode of plunder. February the 15th and 16 did attend the sale and March Court two days. 5 pounds cotton. A parsel of salt not milled. 12 February 1820 - A list or schedule of the crop, stock & provisions belonging to the estate of Joseph Turner deceased which is directed to be sold by he undersigned Justices who were convened this 2nd Day of February 1820 at the Clerks Office for the express purpose of granting a special administration for two Negro boys, one mare, five head of cattle, two head of sheep, supposed to be eighteen head of hogs and an old wagon and desk, smith tools, and gun with shot-bag, house and kitchen furniture & farming tools. Given under our hands date above {Seal} William Dever JP, Andrew Welch JP, Jeremiah R. Pace JP. 15 February 1820 - Account of the sale of property of Joseph Turner deceased. Includes: [a] Samuel Hughes [one of the Bonsdmen on the estate administration] 9 head of sheep $17.25 [b] William Hembry 18 head of hogs $31.00 [c] John Slate [son-in-law] Cow & bell $12.00; pitcher $1.00; jug of oil $1.00 [c] Aseph Wilson 1 yearling $24.37 [d] James Love [e] Abner Slate [grandson] broad ax $1.75; cross-cut saw $7.00; file $0.62; plow $2.45; lock chain $0.90 [f] Martin Hefling (Martin Hefley, brother-in-law of Bannister Turner) [g] Joseph Queen pair of [surveyor or logging?] chains $3.51 [h] Bannister Turner (grandson) bell $1.50, oven $1.30; one pigeon $0.25; desk $25.55 [i] William Dever flax wheel $5.50 [j] Benjamin Brooks smith tools $21.12 [k] Silas Wilson (son-in-law) [l] Alan Campbell one Negro boy $659.00 [m] _?_ Dever one Negro boy $602.00 [n] Joseph Sorrells 1 cowhide $3.25 [o] George Cathey 1 wagon $26.75 [p] William Bryson 1 jug $1.18 [q] MARY TURNER curtains $0.25 [r] Gideon Allman, Spencer Bird, Eli Bryant, Lewis Smith, George Coleman, Samuel Rhodes, Absalom Henson, Daniel Henson, Edward McFalls 1 glass (mirror) & razor. The estate sale raised $1,425.71, a fair sum of money in 1820. 21 March 1820 - In an unexplained move, Mary Turner replaces William Bryson as one of Joseph's Administrators. "I Mary Turner widow of Joseph Turner deceased do relinquish my rite of Administration to John Slate, William Dever, George Cathey or either of them. {signed} Mary (her X mark) Turner. Witness Elijah Dever." The actual appointment of administrator contained neither William Dever nor George Cathey's name, being replaced by two others. See next entry 21 March 1820 - State of North Carolina Haywood County }} Know all men by these presents that we John Slate, Bannister Turner, Samuel Hughes and Thomas McClure are jointly and severally held and firmly bound unto Thomas Love, Esquire, Chairman of the Court of Pleas and Quarter Sessions in the county of Haywood aforesaid in the sum of Two Thousand Dollars. . Sealed with our Seals and dated the 21st day of March AD 1820. The condition of the above obligation is such that whereas the above bounded John Slate and Bannister Turner had made application and is appointed administrator of the estate of Joseph Turner deceased [etc.] {Seal} John Slate, Bannister Turner, Thomas McClure, Samuel Hughes. 8 April 1820 - State of North Carolina, Haywood County}} March Sessions AD 1820. Ordered by Court that William Davis Esquire, Samuel Hughes, George Cathey & Spenser Bird be appointed commissioners to allot of to Mary Turner the widow of Joseph Turner deceased, her year's provision as allowed by law. Certified the 8th of April 1820 {signed} R. Love CHC [Clerk Haywood Court] 3 May 1820 - We the undersigned commissioners agreeable to an order of Court to us directed, have met and after examination of the Estate of Joseph Turner deceased, find no stock nor crop to a lot to Mary Turner the widow of Joseph Turner deceased, her years allowance. We have therefore allowed to her out of the Estate be paid by the administrators the sum of $70 - given under our hands and seals this day and date above written {Seals} William Dever, Samuel Hughes, George Cathey, Spencer Bird. 26 June 1820 - [Crooks handling the administration of Joseph Turner! Bannister Turner, one of the Administrators of the estate of Joseph Turner claims that a note from Bannister Turner for six bushels of rye is a doubtful note. Way to go, Bannister, stealing from the widow Turner.] "A list of notes: [1] James Rutherford's note Twenty Dollars [2] James McKee's Note for 4 bushels salt, 10 lbs sugar [3] John Bryson note for ten dollars 50 cents [4] Joseph Dobson note for three dollars 50 cents [5] John Fergus note for 4$ [6] Josiah Wren note for 75 cents [7] Aaron Brittain note for three $ [8] Joseph Dobson note for 20$ [9] John Styles note for 6$ [10] Joseph Dobson note for 20$. [10] Bannister Turner note for six bushels rye [11] James Wilkes note for 52-1/2 good cotton. Execution against R. Hemphead for 11$ 8 cents. A true return given under our hands this 26th day of June 1820. John Slate, Bannister Turner, Administrators. Sworn to in open court. 20 November 1820 - State of N Carolina Haywood County}} Elijah Deavers account against Joseph Turner deceased from October 1817 to the present (1) For weaving $7.82 (2) two bushels of salt $8.75 (3) for keeping his stock $151.00 (4) one move to the house $3.00. This day came Elijah Deaver before me William __ and proved the above account to be a just one. Sworn to and subscribed this 20th day of November 1820 {Seal} Elijah Deaver. Testator William Deaver. 25 December 1820 - A list of grain sold for the heirs of Joseph Turner, deceased, sold on the 18th day of November 1820. [1] Bannister Turner to 48 bushels of corn at _?_ per bushel [2] Bannister Turner to 21 bushels of corn at 34 cents per bushel [3] Bannister Turner to 28 bushels of nubbins at 6-1/4 cents per bushel [4] George Hefley [a brother of Bannister Turner] to 1 stack of oats at $5.56-14. The above is a true return given under our hands and seals this 25th Day of December 1820 }} Bannister Turner, Joseph Slate 1821 16 January 1821 - After settlement with the Administrators of the estate of Joseph Turner deceased, the said estate is indebted to William Dever to the amount of twenty five dollars fifty cents. {Signed} William Dever 9 April 1821 - Then received of John Slate & BANNISTER TURNER administrators of the estate of Joseph Turner deceased, two hundred & thirty eight dollars & 37-1/2 cents, as one of the legatees of the estate of Joseph Turner deceased, claimed as one of the legatees of JOSIAH TURNER deceased' estate and it is hereby understood that if the above sum be more than the said Bannister Turner's share of said estate, he agrees to pay the surplus back at any time when called on for that purpose. {Seal} BANNISTER TURNER. Attest Elijah Deaver. 9 April 1821 - Then received of John Slate & Bannister Turner administrators of the estate of Joseph Turner. . fifty six dollars & seventy cents as one of the legatees of the estate of Joseph Turner deceased as one of the legatees of Abraham R. Turner [etc] {Seal} EPHRAIM PIERCEY. Attest William Dever. 9 April 1821 - Same wording as for Bannister Turner, Ephraim Piercey, Fifty seven dollars & seventy cents to JOHN {his X mark) ALLEN. Attest Robert Love. 9 April 1821 - Same wording as for Bannister Turner, Ephraim Piercey, Joseph Allen to JOSIAH (his X mark) ALLEN, legatee of Abraham R. Turner. Turner researchers generally assume this refers to Joseph Allen who married Abraham R. Turner's daughter. If they are the same person then why would Josiah Allen be receiving money from himself. I do not know who this Josiah Allen, legatee of Abraham Rogers Turner might be. 27 June 1821 - Then received of John Slate & Bannister Turner administrators of the estate of Joseph Turner deceased fifty six dollars & seventy cents of the estate of Joseph Turner deceased as one of the legatees of Abraham R. Turner deceased estate & it is hereby understood that should the above sum of fifty six dollars & seventy cents be more than the said Ephraim Piercey shares of said estate as legatee of Abraham R. Turner's estate he agrees to pay the surplus back at any time when called on for that purpose {Seal} EPHRAIM PIERCEY. Attest William Dever. 27 June 1821 - Same wording as Ephraim Piercey, except the amount is Fifty five dollars & ninety four and a half cents to ANDREW (his X mark) BANKS. Attest William Dever. 29 August 1821 - The estate of Joseph Turner, deceased. Debit to John Slate $13.06-1/4 for (1) September expense to Morganton two dollars thirty one ½ cents; (2) Horse showing fifty cents; (3) In servitude of my self and horse to Morganton $5.25; (4) Cotton and salt $2.00 (5) ?? $3.00. State of N. Carolina Haywood County }} August 29 1821, this day came John Slate before me __ Edmonston, one of the acting Justices of the Peace for said county and made oath in due form of law and deponeth and sayeth on oath that the above account exhibited against the above mentioned estate is just and true to the best of his knowledge, sworn to and subscribed before me the day and date above written {seal} John Slate, {signed} __ Edmonston J.P. [William Cathey had a similar account submitted that day for "money lent" to Joseph Turner $10.00, and "one Bushel Salt $3.00] 29 August 1821 - Then received of John Slate & Bannister Turner, administrators of the Estate of Joseph Turner deceased, fifty seven dollars forty four & three fourths cents of the estate of Joseph Turner deceased, claimed as one of the legatees of Abraham R. Turner deceased estate and it is hereby understood that should the above sum of fifty seven dollars forty four & ¾ cents be more than the said John Hensley's share of said estate as legatee of Abraham R. Turner's estate, he agrees to pay the surplus back at any time when called on for that purpose. {Signed} JOHN (his X mark) HENSLEY. Attest, John Dever. 29 August 1821 - Then received of John Slate & Bannister Turner, administrators of the Estate of Joseph Turner, deceased Four Hundred fifteen dollars sixty eight cents as the widow's part of the estate of Joseph Turner, deceased, claimed as her part of the said estate and it is hereby understood that if the above sum of Four Hundred fifteen dollars sixty eight cents be more than the said widow's share of said estate as widow of the aforesaid Joseph Turner, she agrees to pay the surplus back at any time when called on for. {Signed} Elijah Dever [on behalf of the widow Mary]. Also the further sum of twelve seventy two cents on the same principles as the above receipt bearing the same date. Total $428.40 1822 March Term 1822, Haywood County Court - [Distribution of shares to Joseph's heirs in his estate] "A list of Receipts, Notes & other Vouchers, &c returned by the administrator of the estate of Joseph Turner deceased, to be filed in the Clerks Office at March Term 1822. [1] Josiah Allen's Receipt 9th April 1821 $56.70 [2] Ephraim Piercey's Receipt 27th June 1821 $56.70 [3] Andrew Bank's Receipt 27th June 1821 $55.94-1/2 [4] Elijah Dever's Receipt for Widow Dower 29th of August 1821 $428.40 [5] Elijah Dever's proven amount 20th November 1820 $172.62-1/2 [6] Bannister Turner's Receipts 9th April & August 27th 1821 $426.75 [7] John Allen's Receipt 9th of April 1821 $56.70 [8] John Hensley's Receipt 29th August 1821 $57.44-3/4 [9] William Cathey's proven amount 29th August 1821 $13.00 [10] William Dever's proven amount 16th January 1821 $25.50 [11] John Slate's proven amount 29th of August 1821 $13.06-1/4 [12] Bannister Turner's note 3rd of March 1822 $5.44 [13] Allen Campbell's note due 30th August 1821 $170.00 [14] John Slate's note 15th February 1821 $69.00 [15] George Cathey's note 15 February 1821 $26.75 [16] An execution on Robert Hemphill & Daniel McDowell 12 December 1820 $11.00 [17] James McKee's Receipt for Taxes for Joseph Turner's estate $1.46 [18] William Culbertson Receipt for costs on [law]suits $1.40 [19] The amount of the doubtful notes not collected $79.16. [20] There is a separate piece of paper with the name William Trotter, indicating he had a share in the estate amounting to $157.00. The remainder of that piece of paper was not in the records I received. March 1822 - Ledger. Josiah Allen $56.70; Piercey $56.70, Allen $56.70; Banks $55.94-1/2; Hensley $56.70; E. Dever $428.40; E. Dever $170.62-1/2; B. Turner $238.37-1/2; B. Turner $188.37-1/2. [This first part represents the legatees of Abraham Rogers Turner, or those who bought the shares of the legatees - e.g., Bannister Turner]. The Whole amounting to $1308.52. [After the subtotal, the list resumes, and seems more attuned to the administrators of Joseph Turner] Slate $70.12-1/2 for "Extra Services, Necessary Expenses, Collecting and Administration"; Wm. Dever $25.50; Wm. Cathey $13.00; Slate $13.6-1/4; Potter $157.00; McKee [taxes] $1.46. The Whole added together $1,588.66-3/4 8 April 1822 - Bannister Turner submits his expense report to a Court- appointed committee, seeking reimbursement in the amount of $62.75. "B. Turner's account against the Estate of Joseph Turner deceased, for all necessary Trouble as an administrator of said estate, about the 15th day of Nov. 1820. The said Estate to husking 100 bushels of corn. Nov 18th to advertising and selling corn and oats. About the 22nd or 23rd to measuring 100 bushels corn. To attending December Court and settling business three days. Feb the 3rd to going to trial at Wm. Devers. August 31st to attending and selling oats and wheat. Nov the 7th to attending sale and selling of corn. 8th to husking of 77-1/2 bushels of corn. 10th to measuring 77-1/2 bushels of corn. March the 25th & 26th to attending Court three days to settling with said estate." [25th & 26th is only 2 days - he was paid for 3] 20 August 1822 - Then received of John Slate and Bannister Turner Administrators of the Estate of Joseph Turner deceased, one hundred and fifty seven doler [sic] of the Estate of Joseph Turner deceased, claimed as one of the Legatees of Abraham R. Turner deceased estate it being my part and the part of Samuel Gragg and John Broad Hurst [Broadhurst] as claimaints of the said estate & pay received by me. {Signed} Wilson Potter, Attorney. Testator Wm. Cathey." This John Broadhurst appears to be the same man whose son John M. Broadhurst became a Judge in Clay County, Missouri. 21 August 1822 - Know all men by these presents that we Wilson Potter, Samuel Gragg, and John Broadhurst of the Counties of Howard and Clay and State of Missouri for and in consideration of the sum of nine dollars each to them in hand paid the receipt whereof we do hereby acknowledge have bargained and sold unto Bannister Turner of the County of Haywood and State of North Carolina all our claims of a certain piece of land that Joseph Turner deceased possessed of, we being some of his lawful heirs, claimed as legatees of A.R. Turner deceased, the land being on Raccoon Creek in Haywood County and being an undivided tract of land claimed by said Joseph Turner heirs, and bounded as follows. . Turner's line. . corner of Bannister Turner's land. . The claims to be by an equal division to be six acres and a quarter each, to have and to hold to the said Bannister Turner. . we the said Wilson Potter, Samuel Gragg and John Broadhurst do bind ourselves our heirs. . Witness our hands and seals this 21st day of August 1822. Witness Elijah Deaver, Joseph Cathey. {Seals} Samuel Gragg, John Broadhurst, Wilson Potter. September Term 1822. The within deed was proven in open Court by Elijah Deaver one of the subscribing witnesses thereto. Recorded and ordered to be registered. Certified 14th October 1822. Robert Love, Clerk. Registered the 15th day of March 1823 by William Welch, RHC. 1 October 1822 - Andrew Welch to Bannister Turner: Andrew Welch of the county of Haywood and state of North Carolina for and in consideration of the sum of one hundred fifty dollars. . have sold unto banister Turner of the said county and state. . beginning on a stake between Andrew Welch and John Welch on the west side of Bannister Turner's line to a hickory, the beginning corner of a one hundred acre tract of land originally granted to said Andrew Welch. Witnesses Elijah Deaver (Jurat), Joseph Sorrells. {Seal} Andrew Welch. Proved in open court by Elijah Deaver.. Certified 14th October 1822, Robert Love Clk. Registered 18th day of March 1823. 1823 26 March 1823 - State of North Carolina Haywood County}} Court of Pleas and Quarter Sessions, March Term AD 1836. This indenture made this the twenty six day of March in the year of our Lord One Thousand eight hundred and twenty three between Andrew Banks of the county of Buncombe and state of NC and Bannister Turner of Haywood County and State aforesaid, Witnesseth: That for and in consideration of the sum of twenty dollars to him the said Andrew Banks. . that he hath bargained and sold by these presents. . a piece or parcel of land situated, lying and being in the County of Haywood and on Raccoon Creek, a part of Joseph Turner deceased tract of land that he died possessed of, it being a legacy coming to the said Banks and Josiah Allen, said all conveyed to Banks and by estimation or full share eighteen and three fourths acres and it being the undivided part coming to Joseph Allen, Ann Allen, Andrew Banks and his wife Rachel by herself, it coming unto Bannister Turner. . I the said Andrew Banks do warrant and defend the said bargained premises forever free from lien. . Witnesses: Barbara Hefley, Clemmons Gaddy (Jurat). {Seal} Andrew (his X mark) Banks. Court of Pleas and Quarter Sessions, June Term 1836. The within deed was duly proven in open court by Clemmons Gaddy one of the subscribing witnesses thereto, recorded and ordered to be registered. Certified the 1st of July AD 1836 by William Welch. Registered July 1st AD 1836, Bannister Turner RHC [Registrar Haywood County] [Clemmons Gaddy was married to Martha L. Dyer and lived in the Bethel community of Haywood County.] 1825 3 September 1825 - Haywood County NC Court. Know all men by these presents that I John Allen of the County of Buncombe and State of North Carolina of the first part and Bannister Turner of the State and County aforesaid of the second part, Witnesseth. That I the said John Allen have bargained with, advised and confirmed unto the said Bannister Turner, all my claim of a piece of land which Joseph Turner deceased possessed, it being the undivided part 1/8 land claimed by the said Allen, and John and Mattie Hensley of said deceased estate, claimed as heir of Abraham Rogers Turner deceased, both for and in consideration of the sum of ten dollars each to me in hand paid, the receipt of which is acknowledged, myself fully satisfied -land lying on Raccoon Creek in Haywood County. . corner of Bannister Turner's land. . six acres and a quarter each. . Witness my hand and seal this 3rd day of September 1825, Signed, sealed in presence of us: Witness Elijah Dever (Jurat), Fanny Dever {Seal} John (his X mark) Allen. Certified at office this 7th day of January AD 1836, William Welch. Registered February the 13th AD 1836. Bannister Turner, RHC. [I think this must be inappropriate for the Register of Deeds for Haywood County by the name Bannister Turner to be the person registering a deed to which he has a vested interest - M. Styles] 1827 18 December 1827 - State of North Carolina, Buncombe County}} This indenture made this eighteenth day of December in the year of our Lord one thousand eight hundred and twenty seven between Sarah Turner and her heirs of the first part and Thomas Gardner of the second part, and all of the said county and state, Witnesseth that for in consideration of the sum of Four hundred dollars paid in hand by the said Thomas Gardner. . Sarah Turner hath granted bargained and sold a certain parcel of land situated in said county, waters of Caney River and Prices Creek. . containing one hundred and sixty six acres, plus one-half acre to be the same more or less. . {Seal} Sarah Turner {Seal} Samuel Gragg. Buncombe County Deed Book 15, page 179. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Marshall Styles ___________________________________________________________________