HENDERSON COUNTY, NC - WILLS - Asa & Sarah Mills Edney Estate, Part 2

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-1858-

John M. Taylor, husband of Matilda Melissa Edney, dies in Tennessee.

An on-going struggle between Balis M. Edney, representing the one side,
and Calvin Edney, representing the other, begins. The subject is slaves.

1/20/1858: Upon petition by Balis M. Edney, two subpoenas are issued,
one to Calvin, one to Ambrose, to appear at the next court term
beginning the first Monday of April, 1859.

3/16/1858: "The separate answer of Calvin Edney [represented by John
Baxter] to the bill of complaint of B.M. Edney and others, filed in this
court house against that defendant and others ... (unreadable) ... the
slaves bequeathed by Asa Edney to his widow Sarah Edney for life, and
then over to his children in common. About (unreadable) months since
Sarah Edney departed this life, when under the provisions of Asa Edney's
last will and testament, which has been duly proven and recorded since
his death, said slaves vested in his children or their assignees. Samuel
Edney and Calvin Edney were children of Asa Edney and owned in remainder
each one undivided interest in the slaves. The former by conveyance duly
executed on the 5th of October 1855, sold and conveyed for a valuable
consideration his interest and title in and to said Negroes to this
defendant [Calvin] as will be seen by the original conveyance herein
filed as a part of their answer and duly executed on the same day.
Samuel Edney conveyed his right, title and interest in and to said Negro
slaves to this defendant in trust ... in consequence of which this
defendant is the owner of one undivided sixth part of said Negroes...
Pray this honorable court to decree a sale.. for the purposes of
partition, and divide the proceeds according to the interests of the
several claimants."

"For further answer this defendant [Calvin] states that the plaintiff B
.M. Edney is Not one of Asa Edney's children, and that unless he has
purchased and acquired title in said slaves, as to which this defendant
is not informed, he has no right to maintain his bill; but the defendant
believes that the other parties named are children or grandchildren of
Asa Edney, and as such have same title to the Negroes; but as to this he
is not informed, and prays that each and every claimant may be held to
prove the legacy claimed by them, respectively. And if upon the proofs
it shall appear that all the parties are not before this court, or that
the pleadings are insufficient for the purpose contemplated, defendant
prays that the same be amended and new parties made, so as to enable the
court to decree a sale."

"And it appearing that the slaves named on the pleadings cannot be
divided amongst the persons entitled, it is ordered and adjudged that
the clerk and master of this court sell the slaves at public sale at the
court house in Hendersonville... the interests of Pamela J. Edney,
Calvin Edney and N.J. Edney"

3/31/1858: "B.M. Edney vs. Calvin Edney et al. This case coming on to be
heard upon the petition. Judgment "Roconfesso" and it appearing to the
satisfaction of the court that the slaves named in the pleadings cannot
be divided among the persons entitled. This ordered and adjudged that
the Clerk & Master of this Court sell the slaves mentioned in the
pleadings at public auction at the Court house in Hendersonville upon a
credit of twelve months taking bonds with good security bearing interest
from the day of sale for the purchase money, first giving thirty days
notice at the Court House Door and other public places in the county of
Henderson, and report to the next term of this Court." H.C. Superior
Court Minute Docket.

Calvin then makes a deal with Balis Edney for the slaves, rather than
submit to the risk of a lower price at public sale. However, the deal,
for reasons not known, is not consummated. See the next two entries,
plus an entry at 10/1858.

3/31/1858: Deed. "I, Calvin Edney, as one of twelve children of Asa
Edney deceased, have this 31st day of March 1858, for and in
consideration of the sum of five hundred and twenty five dollars to me
in hand paid by B.M. Edney before the delivery of these presents have
bargained, sold, and conveyed to said B.M. Edney all my right, title and
interest in five Negroes to wit: Harriet, a Negro woman aged 36 years;
Bob, a yellow Boy aged 12 years; Ceil, a yellow girl aged 10 years;
Charlotte, a yellow girl age 8 years; and Garry, a yellow child aged ten
months, to which I am entitled as one of the legatees of said Asa Edney
deceased under the will of said testator, and also all right, title and
interest in said Negroes and their increase which has accrued to me
since the death of my mother Sarah Edney deceased, or which may accrue
to me hereafter by the increase of said property, and I hereby warrant
the title of said property and the soundness of said Negroes in body and
mind, and that they are slaves for life to said B.M. Edney against the
claim of my heirs, and all other persons whatsoever. In Witness whereof,
I have hereunto set my hand. Calvin Edney {Seal}, Witness: J.W. Woodfin,
M.M. Edney." Recorded Deed Book 6, page 478, Henderson County. Endorsed,
"Registered 12th May 1858" [I wonder by whose body the color of those
slaves became "yellow."]

5/18/1858: "B.M. Edney et al vs. Calvin Edney et al. In Equity, Sale of
Slaves. Pursuant to an order of the court of Equity for the county of
Henderson, made at Spring Term 1858 in the above entitled cause, the
undersigned clerk and master will proceed to sell on Tuesday... the 6th
day of July, before the court house door in Hendersonville the slaves
mentioned in the pleadings mentioned, to wit: Harriet, Bob, Celia,
Charlotte, and Tena, which slaves during her life time belonged to Sarah
Edney and are now sold for a division among the tenants in common..."

8/28/1858: John M. Ledford and Wife vs. Calvin Edney, a subpoena issued
to Calvin Edney, "you are commanded and strictly enjoined, that laying
all other matters aside, and notwithstanding any excuse, you personally
appear before the court in Hendersonville on the 1st Monday after the
4th Monday of September next, then and there to answer concerning such
things as shall then and there be objected to you by John Ledford and
wife et al.. under penalty of one hundred pounds."

8/1858: Nicholas W. Woodfin assumes the job as attorney for Calvin J.
Edney and others in a suit against Ambrose J. Edney and others, alleging
mis-appropriation of the estates' assets: "The bill of complaint of
William Featherstone and wife Emily, Elias Salisbury and wife Elizabeth,
Marvel M. Edney, C.J. Edney against Ambrose J. Edney executor of Asa
Edney, Joseph Pickett and wife Amanda of Georgia, Matilda Taylor of
Tennessee. That about July 1842 Asa Edney departed this life having
first made and published his last will and testament in which he
assigned the defendant Ambrose J. Edney and others executors. Ambrose
Edney qualified and took it upon himself the leader of said estate and
took into his hands and custody (unreadable parts) about 1843 to the
amount of about two or three hundred dollars.. (unreadable)"

"Your complainants further show that there were debts and litigated
claims against said estate to some extent but not sufficient to exhaust
the amount collected by him... Further show that Joseph Pickett, one of
the legatees in right of his wife, purchased property at sale to about
$445.00. Your complainants Marvel M. and Samuel J. and Calvin Edney
became his sureties, therefore Pickett being in Georgia, a judgment was
taken in Henderson Court... and execution suspended until a suit be
brought in Georgia against Pickett, which was done and on hearing in
equity. On some pretense or other Pickett defeated the execution thereon
against your complainants and their securities for about $800 and will
be collected to fall term next.  That Ambrose J. Edney long since became
insolvent so that nothing can be collected out of him, that he has
wasted much of the estate that came into his hands... That your
complainants are each entitled to one-ninth part of the money
collectible or any other sum that may be found in his hands on account.
Marvel M. and Samuel J. Edney show that they are only liable on said
judgment as securities of Pickett who claims and is entitled to one-
ninth part in right of his wife Amanda, and to the sum of one hundred
dollars cash out of the portions due to the defendants John M. Tinsley
and wife Phalby, John Taylor and wife Matilda by purchase of a judgment
from them, all of which, as well as that coming to your orators Marvel
M. & Samuel J. should be left in their hands and subject to account as
they are a devisee. And Samuel J. as surety to Ambrose Edney has been
compelled to pay one hundred and eighty dollars which has not been
refunded to him. Executor is and has been insolvent since."

"Your complainants and defendants are the children and legatees and are
entitled to this fund and the residue of the estate but have until this
day been unable to procure the payment of any part, tho often demanded."

9/18/1858: Marvel M., Calvin J. and Lucian Henry Edney, the latter being
one of the sons of Marvel, post a $1,000 bond to secure an injunction
against Ambrose J. Edney and county Sheriff, J. Arledge

10/1858: "M.M. Edney vs. A.J. Edney. Judgment according to certificate
of Supreme Court, compromised, against the Plaintiffs for costs.
Judgment for $500.00 against complainants." Henderson County Superior
Court Minute Docket.

10/1858: The Clerk of Court files this report: "B.M. Edney et al, vs.
Calvin Edney. Petition for Sale of Slaves. In obedience to the decree of
the Court of Equity commanding me, among other things, to sell the
slaves mentioned in the pleadings, I herewith report that after duly
advertising according to Law, I proceeded to sell before the Court House
in Hendersonville the following slaves to the following persons:
Harriet, Bob and Tena to B.M. Edney for the sum of nineteen hundred
dollars, Charlotte and Sealy to William Featherstone for seventeen
hundred and sixty five dollars, and that B.M. Edney has filed his note
with Rufus Edney and Littleton Potillo as sureties, and William
Featherstone has also filed his note with William Bryson and Joseph
Bryson as sureties. Furthermore I report that the prices obtained for
the said slaves in the opinion of the commissioners, the full market
value of them."

10/1858: "B.M. Edney v Calvin Edney. Report of the Clerk & Master as to
the sale of slaves confirmed, and it is ordered that he be allowed fifty
dollars for his services selling the slaves mentioned in the pleadings."
H.C. Superior Court Minute Docket.

10/1858: "William Featherstone et al vs. A.J. Edney et al. Dismissed
against plaintiffs for cost." H.C. Superior Court Minute Docket.

10/1858: John M. Ledford vs. Calvin Edney, a "referee" by the name of
Henry T. Farmer  is assigned to hear the issues. Balis M. Edney proceeds
to direct questions to Marvel, then to Calvin. Balis records the
questions and answers in separate documents, making it difficult to see
the relation between questions and answers. Also, none of the questions
mentions Calvin, even though the suit has been brought against him  "I
have the evidence of M.M. Edney and James McMinn now on file, and ask
you to ask M.M. Edney on oath the following questions"

"1st - Did not B.M. Edney transfer one hundred dollars of the money he
had in the hand of the Clerk and Master at Hendersonville to A.J. Edney,
and William Shipp as his attorney, in part payment of the judgment A.J.
Edney recovered against M.M. Edney and S.J. Edney, and was not that
transfer made at Asheville before M.M. Edney could swear out his
attachment against Pickett, and was not the amount to go as a payment on
the obligation M.M. Edney held on B.M. Edney for the purchase of S.J.
Edneys interest in the Negroes of his fathers' estate?"

"2nd - Did not M.M. Edney take the obligation in obedience to an
understanding entered into between himself and John Baxter, esquire, at
the same court the Negro interest of S.J. Edney was levied on and was to
be sold at Hendersonville?"

"3rd - Did not B.M. Edney pay some $33 to James McMinn, the officer who
levied on said Negroes at the same court and release the Negroes from
sale, and was not this payment made after the understanding was entered
into between M.M. Edney and Baxter?"

"4th - Did not M.M. Edney take the obligation of B.M. Edney as the agent
or friend of Baxter for the balance of $150, deducting the amount B.M.
Edney paid McMinn?

"5th - Did not John Baxter tell M.M. Edney that B.M. Edney should have
the Negro interest he owned of S.J. Edney if he would give $150 for it,
and did not Marvel Edney go at once and tell B.M. Edney and then go with
him and witness the payment to McMinn and take the written obligation on
file for the balance of the $150 at that court or soon after?

"6th - Was not the purchase money for interest to be applied upon the
judgment of A.J. Edney if be recovered, and did not B.M. Edney soon
after recovery transfer in writing at Asheville $100 of his funds to pay
judgment and did he not pay $41 more on the fifa from the Supreme Court
in the same case, and did he not pay M.M. Edney $20 cash on the same
case, making in all $194 paid?

‘7th - Did not John Baxter, esquire, tell Marvel Edney at the court he
took the bill of sale from Samuel Edney and after he took it that he did
not want the interest in the Negroes and that if Balis Edney would give
$150 for it, he should have it, and did not Marvel Edney then, in
obedience to what Baxter said to him, sell B.M. Edney the interest and
receive the payment, and was not John Baxter to have the interest for a
less sum than B.M. Edney was to pay for it?"

Three more questions are asked, but Balis does little more than repeat
himself. Next follows the answers furnished by Calvin Edney, which is
also recorded in the handwriting of Balis Edney.

"Henderson County, In Equity, Fall Term 1858. To the Honorable Judge of
Court. The separate answer of Calvin Edney to the bill of complaint of
John M. Ledford and wife Elmira Ledford, or to so much thereof as this
defendant if advised is material for him, saving and reserving to
himself the right of exception to the frivolous errors, wanton
misstatements and injurious allegations embraced in said petition for
answer sayeth:

"That it is true as stated in said plaintiffs petition, that Asa Edney
died as stated and bequeathed the lands described in petition as therein
stated, and that the life tenant died at the time stated and that the
parties therein stated are entitled to said lands as joint tenants in
common, except the rights to dower in said lands, which accrued to Mary
Edney the widow and relic yet surviving of her husband N.J. Edney who
departed this life in December 1856. This defendant denies expressly
that said land is incapable of partition, but on the contrary that there
are about one hundred acres of bottom land and is entirely susceptible
of a most equitable partition into thirds without the slightest
detriment to the parties. This defendant further answering states, that
the tenants entitled to said lands, are exceedingly poor and utterly
unable any one of them to purchase said lands described in the petition.
Further, A.J. Edney one of the three original devisees under the will of
their father Asa Edney, the testator and devisor died as stated leaving
a widow and three infant children, to [unreadable], William and Sarah
Ann Edney, all infants of tender years [it is not clear here just whose
children these are, but they do not appear to be the children of Asa and
Sarah, and likely are the children of Newton and Mary], and that he died
seized and possessed of a portion of said tract on which he had made
considerable improvements and resided for many years leaving his widow
actual possession of the mansion house and all improvements and that his
widow has at the present term of the Worshipful County Court filed her
petition in due form praying to have dower allotted to her for her
natural life of the lands which her husband died seized, no allotment
having heretofore been made.

"Your respondent further answering states, that he had enjoyed no
exclusive benefits from lands, that he has cultivated but some twelve or
fifteen acres of lands for one or two years, and that little or no crop
has been made, that he openly and frankly proposed to petitioner that he
might occupy either lands of the dwelling house on said premises and
cultivate whatever portion he might choose. Further states that
petitioner many years since declared in most bitter terms that no one of
the Edney Family should ever own or enjoy the tract of land described in
the pleadings, that petitioner sold and conveyed an adjoining tract to
the land many years ago, with a view to destroy as far as he could the
probability of partition ever being made. This defendant further states
that he owns an adjoining tract of timbered land which may prove
advantageous to that part of the home tract in which timber might become
an object."

Calvin provides information in his next answer that proves most
valuable, and he does so in such a poetic fashion -- his place of birth,
the location of his parents graves, a confirmation that his wife Lucinda
Wilson was deceased by the fall of 1858, and may have been dead as much
as two years, and that he moved his children to the old Edney homestead
at Edneyville following Lucinda's death. Prior to 1860, however, he
would re-locate the younger ones to the Jacks Creek section of Yancey
County, where all of their children had been born, and place them either
in various Wilson relatives' homes, or in the homes of his married
children.

"This defendant further showeth that the 200 acre tract is the home of
his birth, that his parents sleep on a lovely summit in the midst of the
tract and that his hearts' best affections are entwined around the old
family mansion, the relics and memories of his early childhood. To
expose to sale the old and loved homestead containing the graves of his
father and mother would inflict a pang from which the heart could not
recover. That his interest is a dear one to him and that he has a
cluster of motherless children now dwelling in the old favorite mansion
... and that the interests of all parties will be fully protected and
amply secured by an equitable partition of said premises which is the
proper and legitimate mode of setting apart the interest of the parties
concerned, and that a decree may be had to that end only, and your
petitioner as in duty bound will ever pray. {signed} Edney for
Defendant"

The above testimony by Calvin served more than one valuable purpose: It
located the gravesites of Asa and Sarah, and without much doubt, his own
future gravesite, that being the cemetery on lands once owned by his
grandparents, Major William Mills and Eleanor Morris, which passed to
Asa's brother Samuel by deed, then from Samuel to Asa by deed; lands
upon which Asa and Sarah Mills Edney were living at the time of their
deaths. To get there, turn left off Highway 64E onto Mills Gap Road, go
a bit more than one mile, and just before the "waggon ford",  the bridge
on Mills Gap Road that crosses Clear Creek, the cemetery, now known as
the Townsend Cemetery is situated on a knoll on the right side of the
road in a small clump of pine trees, the bedding of which is periwinkle.
The Asa Edney home was still standing in the 1920's or 1930's, was then
known as the Townsend home. Doctor George Jones of the Henderson County
Genealogical and Historical Society has recently spoken with two local
residents who recall the house being a very large two-story structure.

10/1858: "John Ledford & wife et al vs. Calvin Edney. Answer filed,
ordered that the Clerk & Master inquire into and report as to the
prospects of a sale of the lands mentioned in the pleadings for a
division. Also ordered that the Clerk & Master be appointed guardian for
the minor heirs of Newton Edney, deceased." H.C. Superior Court Minute
Docket.

11/12/1858. An extract of "The bill of complaint of M.M. Edney against
Joseph Pickett and wife Amanda of the State of Georgia. Humbly
complaining that some time in the year 1842 Asa Edney died in the County
of Henderson, having made and published his last will and testament..
and was admitted to probate.. There was a long and tedious litigation...
Ambrose J. Edney was appointed administrator pendente lite.. He sold a
good deal of personal property of the deceased and among other things, a
Negro girl. Defendant Pickett was the purchaser at the sum of five
hundred and thirty dollars, made upon the usual terms. When the note was
given, your orators became the sureties of Pickett. He lived at that
time in Georgia and shortly after the sale returned here where he has
remained ever since." [Note: The Pickett family later returned to
Georgia and lived out their days there.] "Ambrose Edney went to Georgia
and endeavored to collect from Pickett. Being a stranger in the state of
Georgia, and Pickett being a man of some influence, he by some chicanery
succeeded in defeating the claim against him and finally obtained some
sort of injunction in the Court of Chancery. Ambrose J. Edney afterwards
renewed his execution against your orators and had the court levy upon
their property.

"Supposing that they were released by the decree of the Georgia court,
they applied for an injunction. Ambrose filed his answer, and in due
course the cause was set down for hearing to the Supreme Court  for a
final decree in that court in August 1858.. The cause was heard upon the
bill, answer and proofs and was decided against your orators. Their
injunction was dissolved and the bill dismissed. Since that time Ambrose
J. Edney sued out his execution against your orators and they have been
impelled to pay for and as sureties of Pickett the sum of six hundred
dollars, besides costs. Attorney fees amounts to one hundred dollars
more... Your orators show that Asa Edney left twelve children and at the
death of Sarah Edney, some two years since, they all joined in a
petition for the sale of the [estates'] Negroes, Harriet and her
children... and brought about thirty seven hundred dollars, leaving the
share of each over three hundred dollars.. Defendant Pickett married one
of the daughters and is entitled to an equal share in the proceeds of
the sale of said Negroes, but what portion, your orators are not
precisely informed.. The amount due Pickett and his wife cannot exceed
the amount which has been paid by your orators for his benefit. M.M.
Edney shows that he administered upon the estate of his mother Sarah and
that the defendants are distributees of that estate but the amount due
them is quite small.

"In consideration of the premises, may it please your honor to order a
judgment that the interest and funds belonging to the defendants may be
retained to the payment of the debt due your orators. {signed} M.M.
Edney"

11/13/1858: M.M. Edney vs. A.J. Edney. "In consideration of five dollars
and from the further consideration that Ambrose J. Edney has agreed to
compromise a certain suit in the Court of Equity, I have bargained, sold
and assigned unto W.M. Shipp for the use and benefit of Ambrose Edney
all my interest in the proceeds of the sale of certain slaves sold under
an order of the court... and also my interest in the share of slaves
belonging to the estate of Sarah Edney, deceased. {signed} M.M. Edney"

-1859-

1/6/1859: January 1859 proved to be another important period for
discovery, from a court document which gives the name of all twelve (12)
children of Asa and Sarah Edney. Previous to my obtaining this document,
I had not seen information compiled by other Edney researchers as to any
more than nine children, possibly ten. This, then, gives a full record
of those children. The document was attached to the above complaint from
M.M. Edney, dated 12 November 1858, and notarized on 6 January 1859. The
record shows little, other than names, but that says a lot:

Sarah Edney & Asa Edney, 12 Children. Ambrose Edney, 1/12th of 1/12th
Samuel J., 100 out of B.M.E. Calvin, to B.M. Edney Marvill, to W.W.
Shipp Newton, to B.M. Edney Elizabeth, married Salisbury, Elias Phalby,
John Tinsley, dead, one child John A. Tinsley Matilda, John Taylor,
widow, sold to Shipp Amanda, Joseph Picket Mira, John Ledford Sarah Ann,
Humphrey Posey, 3 children Emily, Wm. Featherstone

Spring Term, 1859. "In Equity. John M. Ledford et al, vs. Calvin J.
Edney. The petition of John Ledford and wife Elmiry, Anna Edney, William
Edney and Sarah Anne Edney infants, by their next friend John Ledford
against Calvin J. Edney." Ledford next quotes from Asa's will,
describing the lands willed to Sarah, ".. where Little Clear Creek
empties into Big Clear Creek, along Little Clear Creek, thence north my
own line to the wagon road on the mountain... including my home and
dwelling house. This land after my wifes decease to be equally divided
between my son Calvin and daughter Elmiry and my son Newton Edney."

"That the devisee Elmiry intermarried with your petitioner John Ledford
and that Newton Edney died some years since, leaving the other
petitioner his only heir at law. They further show that the tenant for
life Sarah Edney died some two or three years since, and that your
petitioner and the defendant Calvin Edney are entitled to the lands
described... That the best of lands above described is a small one and
that there is only a portion of it, viz, the bottom lands lying on the
waters of Clear Creek that is adaptable to cultivation. The bottom land
contains only some fifty or sixty acres, and the wood land is so
situated that a division of the whole into their parts cannot be made
without manifest injury to the parties interested. And your petitioner
would further show in behalf of the petitioners who are under age that a
sale of the whole premises would materially promote their interest...
That the defendant Calvin has occupied the land since the death of his
mother and has not accounted to them for their portion of the rents and
profits.  May it please your Honor to order a sale of the premises.. and
that an account be taken of the rents and profits accrued by the
defendant Calvin Edney.. and the same be paid to your petitioners."

Spring Term, 1859. "John M. Ledford et al, vs. Calvin J. Edney. This
cause coming on for further order, having been filed and on exception
taken thereto. It is ordered that it be continued, by consent of the
parties... that a sale of the lands is necessary for a fair and equal
division among the tenants in common."

From the Clerk of Court: "In Equity, Spring Term 1859. B.M. Edney, John
Ledford et al, vs. Calvin Edney et al. In obedience to an order
directing me to report the practicability of making an equal division of
the lands among the devisees. Beg leave respectfully to report that
there is about two hundred acres of land wooded and the balance a
considerable portion of which is cleared. There is but little timberland
allotted to the back. On the premises there is a dwelling and out
houses. It would be necessary to divide it into three parts for a
division among the devisees, which in the opinion of the Clerk and
Master would greatly lessen the value of the property. I would therefore
recommend a sale of the land for a division as being most advantageous
to them."

8/22/1859: Matilda Melissa Edney Taylor: "I, Matilda Taylor, in
consideration of two hundred and fifty dollars that I have bargained,
sold and conveyed unto William M. Shipp all my right, title and interest
as one of the legatees and children of Asa Edney in the proceeds of the
sale of certain lands... and I do hereby authorize and empower him to
collect the portions due me, thereby giving him full power and authority
to receipt for my portion.. {signed} Matilda Taylor"

9/17/1859: Upon order from the court, Calvin Edney's inheritance of 200
acres from his father is sold.

9/18/1859: "John M. Ledford vs. Calvin Edney. In obedience to an order
commanding me, among other things, to sell the lands mentioned, beg
leave to respectfully report that I proceeded to sell the same after due
advertisements on the 17th instant on the premises at which time and
place William Featherstone became the purchaser at the sum of three
thousand and forty dollars $3040, and has executed his note at 12 months
for one half the amount, with Wm. Bryson security, and his note at two
years for the residue, bearing interest from date. I further report that
in the opinion of the commissioners the lands sold for the full market
price. {signed} Henry Farmer, Clerk and Master"

10/1859: "B.M. Edney vs. Calvin Edney. Referred to Clerk & Master to
ascertain & report the parties entitled to the fund." H.C. Superior
Court Minute Docket.

10/1859: "John Ledford et al vs. Calvin Edney. In this case it is
ordered that the report of sale made by the Master be confirmed and that
he be allowed thirty dollars for his services in making sale of the
lands mentioned in the pleadings." Henderson County Superior Court
Minute Docket.

10/1859: "M.M. Edney & Samuel Edney vs. Joseph Pickett & wife. This
cause coming on for further orders, upon the motion of plaintiffs'
counsel, it was referred to the CME to ascertain & report the amount
paid by complainants as entitled for the defendant Joseph Pickett, and
the master having reported, that the complainant M.M. Edney had paid the
sum of five hundred & fifty dollars costs incurred in the defense of a
suit of A.J. Edney, exr, vs. them, and the said report having been
confirmed by the Court, it is ordered, adjudged and decreed that
complainant have and recover from the defendant Joseph Pickett the sum
of six hundred dollars, & his cost to be taxed by the Clerk. It is
further adjudged that the funds in the hands of the Master arising from
the sale of certain slaves, the joint property of defendants Joseph
Pickett & wife & others, be for the payment of the plaintiffs' debt. It
is further ordered that reference be made to the Master to ascertain &
report same at the next term of this Court, the interest & amount due
Joseph Pickett & wife from the sale aforesaid. CME allowance $30." H.C.
Superior Court Minute Docket.

12/28/1859: "B.M. Edney vs. Calvin Edney et al. This case having been
referred to the undersigned for an account to ascertain the interest the
parties to the suit may have. They are hereby notified that I will
proceed to take said account at my office in Hendersonville on the 31st
day of March next at which time and place they are notified to appear.
{signed} Henry Farmer, Clerk and Master" The reverse side is endorsed,
"Notice. Executed. I made known the contents of the within to Calvin
Edney on 9th of February 1860, {signed} William Bryson"

-1860-

A flurry of activity. War is over the horizon, and the slave issue will
be a moot point, but not for now. Balis Edney would continue to display
his art of writing volumes without saying anything of substance. Phalby
Jane Edney Tinsley, another child of Asa and Sarah, dies. Calvin Edney
moves his motherless children back to Yancey County, divides the minors
into small groups, and places them in the homes of grandparents and
other relatives.

3/1860. "B.M. Edney vs. Calvin Edney et al. In obedience to an order of
the court directing me to take an account and ascertain the parties
entitled to the fund arising from the sale of slaves mentioned in the
pleadings, I ask leave respectfully to report. That I find the fund
principal and interest thereon to March 1860 to be equal to four
thousand two hundred and twenty three dollars and seventy seven cents
$4223.77, divided according to the direction of the will of Asa Edney
deceased, among his children, twelve in number; Ambrose Edney, Samuel J.
Edney, Calvin Edney, Marvel M. Edney, Newton Edney, Elizabeth Edney who
married Elias Salisbury, Malinda Edney who married John Taylor and is
now a widow, Amanda who married Joseph Pickett, Mira Edney who married
John Ledford, Emily Edney who married William Featherstone, Sarah Ann
Edney who married Humphrey Posey, now dead, leaving three children, viz,
John, William and Benjamin, for whom Benjamin F. Posey is guardian,
Phalby Edney who married John Tinsley, now dead leaving one child John
A. Tinsley having no guardian with my knowledge. I also find that
previous to her death that Sarah Edney the mother of the parties and
tenants for life, the interest being one twelfth of Ambrose Edney in the
slaves was sold under execution and purchased by Sarah Edney upon whose
personal estate after her death William Featherstone and M.M. Edney
administered, therefore given to them the one twelfth equal to $351.98.

"M.M. Edney interest of one twelfth I find has been conveyed to Wm. M.
Shipp as also the interest of Matilda Taylor, equal to $703.96... That
M.M. Edney is entitled to the interest of Joseph Pickett and wife Amanda
$351.98. John Ledford and wife Mira to 1/12 = $351.98; Wm. Featherstone
and wife Emily to 1/12 = $351.98; Elias Salisbury and wife Elizabeth
$351.98; Benjamin Posey guardian of the minor heirs of Humphrey Posey
and wife Sarah Ann, the share of John Posey a minor = $117.32; the share
of William Posey a minor = $117.33; the share of Benjamin Posey a minor
= $117.33; I also find that Calvin Edney and Newton Edney have each
conveyed their interest of one twelfth equal to $351.98 each to B.M.
Edney to $703.96.

"I also find that the undivided interest of Samuel J. Edney was by bill
of sale conveyed to John Baxter equal to $351.98, for this interest B.M.
Edney contested the claim of John Baxter and introduced in his behalf M
.M. Edney, Samuel J. Edney, John Ledford and James McMinn, the testimony
of whom is herewith attached and asked to be taken as part of his
report, not deceiving the testimony sufficiently strong to set aside the
claim of Baxter under the bill of sale. All of which is respectfully
reported, Henry T. Farmer, CMC." Noted, "Report confirming in all things
as to the interest of Samuel Edney which is sent back to the CME to
retake testimony and report to Fall Term."

2/2/1860. Gilly Ward, wife of Samuel Jones Edney, dies.

2/7/1860. "Know all men by these presents that we Elias Salisbury and
Elizabeth Salisbury appoint A. Hawkins our lawful attorney for us and in
our name to ask, demand, sue for, collect and receipt in as ample a
manner as we could ourselves for one hundred twenty dollars of the money
which is or will be when collected, in the hands of H.T. Farmer due us
from the estate of Asa Edney arising from the sale of the Negroes of the
estate. {signed} Elizabeth Salisbury, E. Salisbury"

2/7/1860. "B.M. Edney vs. Calvin Edney. To M.M. Edney, Samuel J. Edney,
James McMinn and John Ledford, you are hereby notified to appear before
the Master at his office in Hendersonville on Tuesday the 3rd day of
April 1860 at 3 o'clock p.m. to answer such questions as may be asked
you by the parties to this suit."

4/6/1860, in the handwriting of Balis Edney: "M.M. Edney swore that
after [Col. John] Baxter had taken a bill of sale for S.J. Edney
interest in the Negroes at a price of $115, that Baxter at the same time
that day or the next said he did not want the interest or any thing to
do with it and that if B.M. Edney would give $150 and go then and pay
the charges then levied on said Negroes amounting to thirty five
dollars, that he would take his contract and own the interest in said
Negroes, and authorized M.M. Edney to make the contract with B.M. Edney
and M.M. Edney. Further swore that he made the contract accordingly, and
that as soon as made went with B.M. Edney to McMinn who held costs
levied on said Negroes, and released the Negroes and that the first time
he saw B.M. Edney after that he took an obligation on him precisely in
accordance with the agreement made with Baxter, obliging Edney on the
decision of the suit in the Supreme Court to pay said judgment if they
lost the case, with interest from that date $118 more, and that they did
lose the suit, and on paying up the judgment on a compromise with
plaintiff B.M. Edney paid by assigning a part of the money due him in
the office $100, and that soon thereafter paid $40 more to the sheriff.
The costs of the Supreme Court in the same case, making in all $172.

"He further swore that Balis instructed to him at the time the contract
was made at fall term 1858 were that B.M. Edney was first to pay $32 and
the residue of $118 was to be paid on the judgment when the suit was
decided. He further swore that he and S.J. Edney had executed mortgages
to Baxter and Farmer to secure them, but that S.J. Edney's interest in
Negroes was not included in said mortgage; and that B.M. Edney had
complied with the contract as made through him with Baxter... that John
Baxter had never paid anything at any time. He further swore that about
a year after fall 1858, Baxter told him he was at Samuel Edney's and had
given him $5, and he never expected to get it and it made no difference
if he did not... {signed} M.M. Edney"

4/7/1860. Deed. "This Indenture made the 7th day of April in the year of
Our Lord one thousand eight hundred and Sixty between H.T. Farmer as
Clerk and Master in Equity for the County of Henderson and State of
North Carolina on the one part and B.M. Edney of the County of Henderson
and State of North Carolina of the part. Witnesseth, Whereas by virtue
of a decree of the Court of Equity held for the County of Henderson at
Spring term A.D. 1860, the said H.T. Farmer.. after advertisement
according to law did cause the following tract or parcel of land with
all the appurtenances thereunto belonging, to be put up at public sale
to the highest bidder on the 10th Day of November A.D. 58, which said
tract or parcel of land situated lying and being in the county of
Henderson and State of North Carolina and bounded as follows, to wit.
Beginning on a line Revises corner and _?_ west one hundred poles to a
pine, thence north fourteen poles to a stake thence west eighty four
poles to a post oak, thence south fifteen east ninety two poles to a
line, thence south eighty five east one hundred and fourteen poles to a
post oak, A. Edneys' corner, thence south twenty eight east eighty four
poles to the beginning, containing sixty-seven acres more or less."

"And whereas the said B.M. Edney did at the time and place of said sale
become the last and highest bidder at the sum of four hundred dollars
for the said lands with the appurtenances thereunto belonging. This
indenture therefore Witnesseth that the said H.T. Farmer, Clerk and
Master as aforesaid, for and in consideration of the sum of $400.00 to
him in hand paid by the said B.M. Edney at and before the sealing of
these presents the receipt whereof is hereby acknowledged... doth hereby
bargain, sell.. unto B.M. Edney, his heirs, executors and administrators
or assigns forever the aforesaid tracts or parcel of land... and may
from time to time and at all times hereafter have, hold, occupy, possess
and enjoy the premises.. free and clear... Attest, Joseph Maxwell
(Jurat); Henry T. Farmer {Seal}" Endorsed, "Registered 4th May 1860"
Deed Book 7, pages 269-70.

5/3/1860. The Democratic Party, meeting in Charleston, South Carolina,
adjourns their convention, unable to come to an agreement on a candidate
in the upcoming presidential election. The reason they cannot come to an
agreement -- eight southern states withdraw their delegates.

6/23/1860. The Democratic Party convention reconvenes in Baltimore,
Maryland. Stephen A. Douglas from Illinois is nominated. The southerners
revolt, and name their own candidate, vice president John C.
Breckenridge of Kentucky.

Fall Term, 1860. Two men claiming to own the same slaves. "B.M. Edney
vs. Calvin Edney et al. The undivided interest of Samuel Edney in
certain slaves delivered by Asa Edney to his wife during her life and at
her death equally to his children, being claimed by John Baxter under a
bill of sale and also by B.M. Edney under a similar instrument, and the
Clerk having reported at Spring Term 1860 in favor of John Baxter, and
his report being set aside and sent back to retake his testimony and
report to the Fall Term, begs leave respectfully to report that he
proceeded to summons such persons, whose testimony under oath was taken
at the Court House, which testimony is herewith attached, and asked to
be taken as a part of this report... makes it quite clear to the Clerk
and Master that John Baxter is the bona fide purchaser of Samuel Edneys'
undivided interest in said slaves, which is equal to three hundred and
thirty nine dollars, 94 cents. [signed} Henry T. Farmer, CME"

8/9/1860. Deposition of John Ledford. B.M. Edney vs. Calvin Edney. "John
Ledford introduced by B.M. Edney, sworn and said that some time in the
year 1846 or 7, John Baxter proposed selling him his interest in the
purchase of Samuel J. Edney in said slaves. That some short time
afterwards he was informed that B.M. Edney claimed same interest and
seeing Colonel Baxter he mentioned this statement to Baxter, who
replied, saying "that there had been a proposition made by him through a
third party - from B.M. Edney for his interest but which B.M. Edney had
not complied" and consequently had no interest, and further he proposed
to guarantee the interest he held should he, Ledford, purchase the same
."

8/9/1860. Deposition of Samuel J. Edney. B.M. Edney vs. Calvin Edney. "I
made a trade with Colonel Baxter for my interest in the Negroes. He,
Baxter, was to give me one hundred and twelve dollars and a half for my
interest. He paid towards this amount a bill of cost of some thirty
dollars or thereabouts, and executed his note to me for the balance upon
which note he paid me ten dollars and subsequently made an additional
payment of five dollars. Some time after this B.M. Edney told me he had
made a trade through M.M. Edney with Col. Baxter for the interest in
said Negroes, and proposed in as much as the Negroes were growing old(?)
to give me two hundred dollars for my interest. I replied to him that I
could not trade with him unless Col. Baxter would relinquish. He then
stated that Baxter had done so. At first I objected to making the trade,
but he asked me to walk with him which I did, and upon being urged by
him, consented to do so, this trade and consideration took place on the
27th February 1857. I did not know that the statements made by B.M.
Edney were true until I ascertained to the contrary from Mr. Shipp.
Samuel Edney wanted me to acknowledge my signature to the bill of sale
for the Negroes that the same might be registered, which I declined to
do unless Col. Baxter had relinquished his claim. This convenant was at
April court 1857. I do not know of Col. Baxter having relinquished his
claim to the Negroes. Col. Baxter was here during the term of the court
above referred to. I do not know of any one having made application to
Col. Baxter for a release."

"Cross examination by John Baxter, (In person). At whose insistence was
this made?"

"Answer: I sent to Col. Baxter and proposed selling him my interest in
the Negroes, saying to him that the Negroes were levied upon to pay a
couple of bills of cost. I further said to Col. Baxter that B.M. Edney
had proposed paying one hundred and fifty dollars for my interest but
had baffled about and had not done it and I further said to Baxter that
I believed B.M. Edney wanted to sell my interest at sheriffs' sale and
buy the same for little or nothing and requested him to take the Negroes
at the same price. Baxter declined, giving me more than one hundred and
twelve dollars and fifty cents for my interest. B.M. Edney was mistaken
about the number of shares believing there was only nine shares... I
obtained from Col. Baxter, at my solicitation, two payments upon the
note, one of five dollars and one of ten, both of which appears upon the
note as well the date the payments were made. I was quite sober at the
time the trade was made. I never at any time offered to return the note
to Col. Baxter and held the same until delivered to the Clerk and
Master. {signed} Samuel Edney" 
8/9/1860. Reply of Marvel M. Edney. B.M. Edney vs. Calvin Edney. "After
the trade was made between Col. Baxter and Samuel Edney for the Negroes,
B.M. Edney said to me Col. Baxter had bought Samuel Edneys' interest in
the Negroes for one hundred and twelve dollars and fifty cents, and he
was willing to give more money for the interest. But as Baxter and
himself were not friendly, requested me to speak to Baxter and try and
buy his interest, and authorized me to say he would give one hundred and
thirty dollars. In compliance with his request I saw Col. Baxter and
made Edneys' proposal known to him. Whereupon, he replied that he wanted
to have the benefit of the Negroes, but he did not believe one hundred
and thirty dollars was enough; and went on to say if B.M. Edney should
give one hundred and fifty dollars he should have his interest, but that
he did believe that B.M. Edney had the money with which to make the
purchase. I then went back to Edney and reported the conversation of
Col. Baxter and myself. Whereupon he, Edney, directed me to say to Col.
Baxter he would give the one hundred and fifty dollars. I returned to
Baxter and said he, Edney, would give the hundred and fifty dollars for
the Negroes, and Baxter replied by saying, "Let him come up and pay the
money." This is all the conversation I have ever had with Col. Baxter as
to this matter. Col. Baxter never made an agent of me in this
transaction nor did he ever authorize me to do any thing more that what
has already been stated by me."

"Question by John Baxter (in person). State whether the conveyance of
Samuel Edney was absolute."

"Answer: The conveyance of Samuel Edney to Baxter was absolute, he at
the same time took a mortgage upon my property to secure him as my
surety in a suit in equity."

"Question by John Baxter: Did you ever at any time inform me of this
written contract between Samuel Edney and yourself referred to by Samuel
Edney or did you give me any information of B.M. Edney having purchased
Samuel Edneys' interest?"

"Answer: I never did, until about the 12th of April 1860. {signed} M.M.
Edney"

Fall Term 1860. "In Equity, B.M. Edney and others, vs. Calvin Edney and
others. Decree. This cause coming on for further orders, and the clerk
and master having submitted his report in the matter of B.M. Edney and
John Baxter, and exceptions being filed, ... and the report in all
things confirmed. It is further ordered that the amount reported to be
due John Baxter, assignee of Samuel Edney, be paid to Baxter or his
attorney. And it appearing to the court that John A. Tinsley is a minor
and non resident of this state and that he has filed a guardian bond in
the state of Tennessee, the same having been properly certified to the
court... It is ordered that the amounts reported to be due him be paid
to said guardian or his attorney, except the sum of one hundred dollars
which is to be retained until the further orders of this court. it is
ordered that the clerk and master be allowed the sum of twenty dollars
for this report and in the matter of Edney vs. Baxter, one half to be
paid by them." Balis Edney, plaintiff, did not like that ruling. So, he
filed an appeal on the basis that Samuel Edney was intoxicated during
the slave negotiations.

"The plaintiff, B.M. Edney except to the report of the Clerk and Master,
made at this term for the reason that the testimony taken does not show
that John Baxter is the purchaser of the interest of Samuel J. Edney,
but that B.M. Edney is the purchaser of Edney's interest in said estate
."

Fall Term 1860.  "M.M. Edney vs. Calvin Edney, et al. M.M. Edney
introduced on the part of B.M. Edney, sworn and said that about the
month of October 1855 in a conversation with John Baxter, he, Baxter
authorized him to make a contract with B.M. Edney for the transfer of
the interest in the slaves belonging to Samuel J. Edney which interest
was purchased by Baxter from Samuel Edney for something like one hundred
and twelve dollars. This was to be made by M.M. Edney with B.M. Edney
provided the latter would pay more than was given by Baxter, B.M. Edney
having agreed to pay Samuel J. Edney one hundred fifty dollars. M.M.
Edney accordingly made the trade and an agreement was drawn up by B.M.
Edney and signed by him. But the bond was never presented to John Baxter
for his approval. B.M. Edney, in pursuit of his contract satisfied an
execution against Samuel J. Edney for some thirty or forty dollars and
has since at different times paid to Samuel J. Edney more than the price
agreed upon for the slaves. At the time Samuel signed the bill of sale
for his interest in said slaves to John Baxter he was intoxicated.
Baxter was to pay certain executions which S.J. Edney levied on the
Negroes, and that one of those was paid by B.M. Edney to James McMinn,
deputy sheriff."

"James McMinn swears that he was deputy sheriff in 1855 and B.M. Edney
satisfied an execution in his hands for collection against Samuel J.
Edney for some thirty or forty dollars. Samuel Edney, introduced by B.M.
Edney, sworn, and says that he does not remember much about the matter.
Admits that he secured from B.M. Edney at sundry times over two hundred
dollars and hands over a note executed by Baxter for some 74 dollars
with credits the same... which is dated some 12 months after the trade
between Baxter and Edney was made. He says Baxter gave him the money
that he recollects. When asked why the note was not returned to Baxter
if the trade between Baxter and himself for his interest in the Negroes
had been canceled as alleged. He did not explain."

"Joseph Maxwell the subscribing witness to the bill of sale from Samuel
J. Edney to John Baxter introduced on the part of Baxter, sworn and says
that Samuel J. Edney signed the issue in his presence and he was not at
the time intoxicated."

10/11/1860.  "B.M. Edney and others vs. Calvin Edney and others. M.M.
Edney swears that at spring term 1859 of Henderson Superior Court he
filed his bill of an equitable attachment to subject the interest of one
A.J. [Joseph] Pickett in the personal estate of Asa Edney, said bill
alleging that Pickett owns a share, in right of his wife, in certain
slaves and also alleging that he has purchased a portion of the
interests of certain other legatees under said will in the same slaves.
Affiant further swears that he was specially desirous of attaching one
hundred dollars of the interest of one Tinsley of the State of
Tennessee... that a petition was filed at the instance of all the
legatees under said will for sale of the slaves... the sale of the
slaves was made... The clerk and master at the last term of the court
awarded to Tinsley, or to his infant son, the father and mother having
died, a full share. At the same time an order was made to pay the amount
to the parties affiant... He mentioned the matter to his counsel B.M.
Edney and he filed a petition before his honor to review said cause, and
to file testimony showing his claim. Affiant swears that he believes he
is able to show by testimony that Pickett had obtained by assignment and
for valuable consideration one hundred dollars of the interest of
Tinsley. He further swears that his counsel, General Edney is absent on
account of sickness, and that he neglected to file this petition...
{signed} M.M. Edney. Sworn to before me this 11th Oct 1860 {signed} I.B.
Sawyer"

Fall Term 1860. Sarah Edney Tinsley petition. "In Equity. The return of
Sarah Tinsley, guardian of John A. Tinsley, respectfully sheweth unto
your Honor that she resides in Knox County in the State of Tennessee
[Memphis is the county seat] and that her infant ward resides with her..
that her infant ward is entitled to a fund as one of the next of kin,
representing his deceased mother, Phalby Tinsley, of Asa Edney, which
fund is now in the hands of the Clerk and Master of this Honorable
Court, and amounts to the sum of $351.98. Your petitioner further
represents that she was regularly appointed the guardian of John A.
Tinsley by Court in said county of Knox, conveying full cognizance of
the infant... That she executed her bond as guardian... Your petitioner
further represents that a suit has been instituted in this Honorable
Court, to wit, the suit B.M. Edney and others against M.M. Edney and
others, in which those that are in any way interested might soon find
all parties and to which said John A. Tinsley is made a party and in
which all necessary parties are before the court to enable the court to
make all proper decrees and orders under this petition... and it was
adjudged in said suit that said sum is due John A. Tinsley. Your
petitioner prays, in consideration of the premise, to order this
application to be made a part of said suit and to decree that your
petitioner receive the funds due to John A. Tinsley in pursuance of law
and equity. {signed} A.S. Merrimon, Sol. for Plaintiff"

11/9/1860. South Carolina calls a secession convention.

12/20/1860. South Carolina secedes from the Union of States.

So ends the year 1860. Minimal courtroom activity takes place during the
first quarter of 1861.

-1861-

1/3/1861. "In the matter of John Baxter and B.M. Edney, there having
been a decree in favor of John Baxter. John Baxter having agreed to take
the sum of one hundred and twenty five dollars, and having further
authorized me to decide... The money due from Samuel Edneys' share is to
be divided. I do award that M.M. Edney retain out of the funds whatever
sum of money he has paid as surety for Samuel J. Edney upon a judgment
in favor of Ambrose J. Edney... and the remainder of the money to be
paid to Samuel or his order. {signed} W.M. Shipp" Samuel Edney then
assigns payment to Balis Edney by endorsement of the court order.

1/25/1861. "In Equity, John Ledford vs. Calvin Edney. To Messrs. William
Featherstone and William Bryson. You are hereby notified that the note
given by you for lands purchased in the above entitled cause, amounting
to fifteen hundred and twenty dollars at 12 months is now due, and
unless personally paid, judgment  will be taken upon the same at the
next term of the Court of Equity to be held at Hendersonville on the 1st
Monday after the 4th Monday in March 1861. Henry T. Farmer, CME [Clerk
and Master in Equity]"

2/1/1861. The Clerk and Master of the Court of Equity, Henderson County,
collects $361.00 from the plaintiffs and defendants for court costs.

2/8/1861. The Confederate States of America is formed at Montgomery,
Alabama.. Recently resigned United States Senator Jefferson Davis of
Mississippi elected President; Georgia Senator, Alexander Stephens
elected Vice President.

3/6/1861. The Confederate States of America government calls for 100,000
volunteers for its army and its cause.

4/12/1861. Fort Sumter, occupied by United States soldiers, is bombarded
by the South Carolina militia. For the next four years, the country will
be engaged in The War Between The States, also known as the Civil War
and The Rebellion.

5/15/1861. Company A, 25th Regiment, North Carolina Infantry, organized
by General Balis Edney, is formed. Balis supplies his regiment with
uniforms from his personal funds. Most of the regiments' members are
Edneys or their relatives; they will be forever known to the world as
The Edney Greys. There will be no more feuding over the ownership of Asa
and Sarah's slaves. By the time the families find their way back into
court, more than eight years will have elapsed. Captain, formerly
General, Balis M. Edney will be killed, reportedly by his own relatives,
four years hence. Fifty-eight year old Calvin Edney enlists as a
private, as do four of his sons - James H., George N. and William J.,
and John B. Wilson Edney.  In thirteen months Calvin J. Edney will be
dead. Others of the Edney name who fought with the Edney Greys were:
Henry C., John O., Joseph L., Lewis M., and Thomas A. Edney; Calvin R.
Featherstone, son of William Featherstone and Mary Emily Edney.


-1862-

4/30/1862. After a heated argument between Captain Balis M. Edney and
his commanding officer, Colonel Thomas L. Clingman, the Brigade
commander General Robert Ransom issues orders that Balis be discharged
from military service.

6/20/1862. Calvin J. Edney, son of Asa and Sarah Edney dies at the age
of 59 after being discharged from the Army on the 19th. See the addendum
at the end of these Asa Edney estate records for the settlement of
Calvin's own estate.

12/30/1862. Calvin's son, Lieutenant William Jasper Edney is captured at
the Battle of Fredreicksburg, but released shortly thereafter.

-1864-

12/8/1864. John Calhoun Edney, son of Ambrose Jones Edney, dies as a
Confederate prisoner of war at Camp Douglas, near Chicago Illinois, and
is buried in a mass grave known as The Confederate Mound.

-1865-

4/4/1865. Captain, now civilian, Balis M. Edney is killed in Henderson
County. His considerable estate is placed in the hands of  Samuel Rufus
Edney. Is it possible that the death of Balis would result in much less
courtroom activity over Asa's estate in future eyars? Was it Balis who
kept things stirred up, to his own financial gain, before the War?

4/12/1865. The Edney Greys of the 25th North Carolina Infantry Regiment
are surrendered to General Ulysses S. Grant by General Robert E. Lee at
Appomattox Court House, Virginia. Included among them is Lieutenant John
B. Edney, son of  Calvin Wilkerson Leavenworth Edney and Elizabeth Jones
Edney.

-1867-

11/21/1867. Elmyra Roxanne Edney, daughter of Asa, wife of John Macon
Ledford, dies. That brings to three the number of children of Asa and
Sarah to die during the court proceedings.

-1869-

Calvin Edney, though deceased, remains a party to the suit through his
children.

September. "John Ledford and wife vs. Calvin Edney and others. Motion to
bring the case forward on the trial docket. Motion allowed. Notice to
issue to the purchasers, to show cause why the sale should not take
place."

-1870-

10/29/1870. "John Ledford and wife vs. Calvin Edney and others. This
cause coming in for further hearing, and it appearing to the court that
part of the purchase money for the lands sold under the decree has been
paid into Court and is now in the hands of the Clerk and Master. It is
ordered that the Clerk pay the parties the monies in the part as he
finds them entitled to."

10/29/1870.  "William Featherstone vs. Calvin Edney.  William
Featherstone, the purchaser of the lands described in the petition, is
insolvent."

11/26/1870. "Land Sale. State of North Carolina, Henderson County }}
Superior Court, Fall Term 1870. John Ledford and wife against Calvin
Edney et al. In obedience to an order of the Honorable Superior Court, I
will proceed to sell to the highest bidder, before the court house door
in the Town of Hendersonville, on Saturday the 7th day of January 1871,
the tract of land on Clear Creek adjoining lands of Marvel Edney,
including the Edney old mill site, being the lands upon which Asa Edney
lived up to the time of his death, and recently occupied by William
Featherstone, containing some two hundred acres more or less. Which said
lands were purchased by William Featherstone under a decree of the Court
of Equity, the purchaser being unable to pay the purchase money, are now
resold. {signed} C.M. Pace, Clerk" 

Endorsed "Land sold to James Garren for $1538.00"

-1871-

5/6/1871. Catherine Margaret Merrill, wife of Ambrose Jones Edney, dies.

-1872-

1/8/1872. "Know all men by these presents that I, William M. Edney of
Henderson County and state of North Carolina, one of the heirs of Newton
Edney, have nominated James Garren, Esquire, of Henderson County my true
and lawful agent and attorney in fact... to receive all that may be due
me, as heir to the estate of Asa Edney... I hereby relinquish my own
authority to do so.., and it shall bar me or my heirs or subsequent
assigns from receiving the same... {signed} W.M. Edney"

5/12/1872. "John Ledford and wife vs. Calvin Edney. Referred D.M.E.
Carter, Esquire, to ascertain the condition of title. Ordered that P.S.
Brittain make a survey of the premises and return a fair plat of the
same." The surveyor is Philip Stanhope Brittain, son of General Philip
Brittain and Sophia Melinda Lewis, and grandson of Henry Graves Lewis
and Mourning Mills.

5/18/1872. Mr. C.M. Pace enters into the records, once again, a
description of the lands left by Asa Edney, as specified in his 1842
will. "Beginning at the mouth of the first branch between myself and son
Marvel Edney, thence up the said branch to the fork at a large pine
tree, thence a direct line to the mill pond fence, where it now crosses
Clear Creek, thence running north the said fence to the McCoy line,
thence East with the said McCoy line to where the line crosses the
creek, thence down the creek to where Little Clear Creek empties into
the Big Clear Creek, crossing the mouth of Little Clear Creek, thence
running with my own line to the wagon ford on the mountain branch,
thence up the branch to the McCoy's line, thence east to the corner,
thence south the said line to Little Clear Creek, thence up the said
creek to the beginning, including my home and dwelling houses."


-1873-

"John Ledford and wife and others vs. Calvin Edney. It appearing that
notice heretofore sued in this action to William Featherstone the
purchaser of the lands described in the petition to show cause why the
decree confirming the sale to him should not be set aside and a new sale
ordered. It further appearing by affidavit that William Featherstone is
insolvent and his surety William Bryson is a non-resident of this state
and has no property therein. It is ordered and decreed upon motion that
the decree confirming said sale heretofore made in this action be set
aside and that the Clerk of the Superior Court make a new sale under the
decree... It is further ordered that John L. Potillo be appointed
receiver of the rents and profits and that he take the same into his
possession and account. {signed} R.H. Cannon, Judge"

An undated page grouped with the 1873 records lists the heirs of three
children of Asa and Sarah. "Heirs of Newton Edney. 1- William Edney, 2-
Sarah Edney Webb, 3- minor heir of Ezra Williams. Heirs of Elmira
[Edney] Ledford. 1- M.M. Ledford, 2- S.A. Ledford, 3- J.S. Ledford, 4-
Caledonia A. Ledford, 5- A.F. Ledford. Heirs of Calvin Edney. 1- William
Edney, 2- Wilson Edney, 3- William Evans and wife Mary, 4- Rabbie
England [Raborn Anglin] and wife Catherine, 5- George Byrd and wife
Martha [error here - it should have read Carolina Amanda, who also was
married to Clingman Austin], 6- Philip Bradley and wife Louisa, 7-
George N. Edney, 8- James Edney, 9- Napoleon Edney, 10- Lucinda Edney."
[Another daughter, Elizabeth Jane Matilda Edney was omitted from this
listing, but appears in other records.]

2/15/1873: "Received of C.M. Pace, Clerk of the Superior Court one
hundred and twenty six dollars on my share of the proceeds of the sale
of the lands of Asa Edney, I being one of the heirs of N.J. Edney,
deceased, who was the son of Asa Edney. {signed} W.M. Edney."

3/2/1873. "Received of C.M. Pace, Clerk of the Superior Court ninety
nine dollars on my part of the funds arising from the sale of the lands
of Asa Edney, I being one of the heirs of Elmira E. Ledford who was the
daughter of Asa Edney. {signed}M.M. Ledford"

4/14/1873. "Received one hundred dollars and 97 cents... {signed} J.M.
Ledford"

4/14/1873. "Received of C.M. Pace... two hundred and one dollars and 94
cents part of the funds due Caledonia A. Ledford, A.F. Ledford, minor
heirs of Elmira R. Ledford, it being the funds arising from the sale of
the lands of Asa Edney, in the suit of John Ledford and wife against
Calvin Edney and others... {signed} J.M. Ledford"

4/14/1873. "Received... one hundred dollars and ninety seven cents... I
being one of the heirs of Elmira R. Ledford who was the daughter of Asa
Edney... {signed} J.S. Ledford"

4/14/1873. "Asheville, N. Carolina. To Mr. Pace, Clerk of the Superior
Court. Please settle and pay over to my father John M. Ledford all the
money that may be coming from the estate of my mothers' father... and to
receipt in my name. {signed} S.A. [Sarah Ann] Ledford"

4/14/1873. "John Ledford and wife et al vs. Calvin Edney. Exceptions to
report of the Clerk. M.E. Featherstone, Elizabeth Salisbury, et al, in
behalf of themselves and the other heirs at law of Sarah Edney comes
into court and asks to be heard and file the following exceptions to the
report of the Clerk in the above entitled cause. The clerk has not
stated the facts formed nor the facts found and conclusions of law
equally, to wit;

"1st- That Asa Edney died and left a last will and testament and in said
will he left the lands described in the pleadings to his wife Sarah
Edney for life, remainder to Newton, Calvin and Elmyra Edney.

"2nd- That after the death of Asa Edney and during the life of Newton a
judgment was rendered against Newton Edney. Execution issued.. and his
interest in lands sold by the sheriff of Henderson County, when the heir
Sarah Edney became the purchaser and a deed for the same executed
accordingly by which the interest of Newton Edney was in Sarah Edney.

"3rd- That Sarah Edney subsequently died... leaving her survivors M.E.
Featherstone, Elizabeth Salisbury et al, her children and only heirs at
law. Wherefore we ask that the exception be returned, report set aside,
and that the proceeds of said lands be distributed one third equally
among the heirs of Sarah Edney."

4/18/1873. Power of Attorney. "We C.L. Webb and wife Sarah Ann [Edney]
Webb have appointed Hyram & Osborne our lawful attorneys in fact for us
and in our name... and to receive all the money that is due Sarah Ann
Webb as heir to the estate of Newton Edney..."

9/2/1873. An unsigned document, possibly missing a page or more. "To the
Probate Judge, Henderson County. We respectfully submit. 1st, The lands
specified in pleading were by Asa Edney devised to Sarah Edney his wife
for life, remainder to Newton, Calvin and Elmyra. 2nd, The remainder
vested in the children when the wifes' life estate began, consequently
was subject to execution for the debts of said children. 3rd, That after
the remainder had vested in Newton Edney and during his life it was sold
by the sheriff..., Sarah Edney as purchaser who subsequently died seized
and possessed of the same and which of rights descends to the heirs of
Sarah Edney. 4th, That by the will Newton's interest was 1/3 to which
Sarah Edneys' heirs are now entitled. 5th, Purchasers of interests
maintain the same relation to the general fund or estate as those whose
interests were sold."

9/2/1873. A report by C.M. Pace, Clerk of the Superior Court of
Henderson County.

"I. John Ledford and wife et al vs. Calvin Edney. It having been by
order of court for me to ascertain and report who the parties interest
in this action are and the amounts to which each is entitled of the
purchase money for the lands sold. I beg leave to submit the following
reports:

"II.  I find the land sold for the sum of one thousand five hundred and
thirty eight dollars, that the purchaser paid on the day of sale the sum
of one hundred and twenty five (125) dollars, the costs of sale and
executed his note twelve months from date with interest for one thousand
four hundred and twelve (1412) dollars and eighty cents, the balance of
the purchase money he has since paid into this office. The balance of
the purchase money and interest which amounts to one thousand five
hundred and fifty one (1551) and 02/100 dollars, which is the amount to
be distributed.

"III. I find that there are three distributive shares in said purchase
money to be distributed as follows:

"1. One third to the heirs of Elmira Ledford, deceased, to wit; To W.M.
Ledford 1/5 of 1/3 of the funds, less 1/5 of 1/3 of costs since sale,
$103.45. To S.A. Ledford 1/5 of 1/3 of the funds, less 1/5 of 1/3 of
costs since sale, $103.45" The report continues, with J.S. Ledford,
Caledonia A. Ledford and A.F. Ledford each receiving $103.45.

"2. One third to the heirs of Calvin Edney, deceased, to wit; 1- To
Wilson Edney 1/10 of 1/3 the funds less 1/10 of 1/3 the costs since
sale, $51.72. 2- Mary Evans 1/10 of 1/3 of the funds less 1/10 of 1/3
the costs since sale, $51.72." The report continues with each of these
children receiving $51.72; Martha Byrd, Louisa Bradley, George N. Edney,
James Edney, Napoleon Edney, Lucinda Edney.   Missing are Elizabeth Jane
Matilda Edney Towe and William Jasper Edney from the list.

"3. One third to the heirs of Newton Edney, deceased, to wit; To W.M.
Edney 1/3 of 1/3 of the funds.... $172.42; To Sarah Webb 1/3 of 1/3...
$172.42; To ___ Williams, minor heir of Ezra Williams, deceased, 1/3 of
1/3... $172.42"

Is it not ironic that the three children of Asa and Sarah who were to
divide the land of the estate - Calvin, Newton and Elmira - all died
before the estate could be settled?

The text of the Final Decree of the Henderson County Superior Court,
which supports the above distribution of the estate funds: "It appearing
to the satisfaction of the court from the report of the Clerk that the
whole of the purchase money has been paid into office amounting to one
thousand five hundred and fifty one dollars and eighty two cents. It is
ordered and decreed that the clerk convey and assure the land specified
in the petition to the purchaser James Garren in fee simple. And the
clerk having subtracted the costs of this suit including the allowance
of ten dollars heretofore made to him for selling said land and the sum
of ten dollars now here allowed him for the collection and distribution
of the purchase money, the court doth order and direct the clerk to pay
out and disburse of."

9/15/1873. "Received of C.M. Pace.. four hundred and seventy nine
dollars and four cents in full of our part of the funds arising in the
sale of lands of Asa Edney sold for a partition among the heirs, we
being the children of Calvin Edney who was a son of Asa Edney, said land
sold by the petition of John Ledford and wife against Calvin Edney and
others, we being entitled to one third of the funds. [signed} William
Evans, attorney in fact for Mary Edney Evans, Jane Towe, Martha Austin,
Wilson Edney, Sarah C. Anglin, James Edney, W.J. Edney, M.N. Edney,
Carolina Amanda Byrd and Lucinda Edney."

9/15/1873. "Received of C.M. Pace... $42.34 in full of W.M. Edney's
distributive share ... of  sale of lands... [signed} W.M. Edney" 
"Received of C.M. Pace... $170.76 in full of the share of Sarah Webb...
{signed} Sarah Webb, C.L. Webb"

10/6/1873. Henderson County Deed, Book 10, page 352, Grantor C.M. Pace
and James Garren. An extract: "... as a result of John M. Ledford and
wife vs. Calvin Edney et al, for one thousand five hundred and thirty
eight dollars... Asa Edney's land on Little Clear Creek and Big Clear
Creek, adjacent to Marvel M. Edney, Alex Merrell's heirs, ... beginning
at a branch below Asa Edney and Lou Merrell Edney... Mills ford fence...
across Clear Creek... at the McCoy line and others, where Little Clear
Creek enters Big Clear Creek, across Little Clear Creek to the waggon
ford on the mountain branch... will of Asa Edney devised to Sarah Edney
..."

[A Court Order, 3/27/1875, regarding Alexander Merrell's estate: The
land is divided into ten parts including: one part to Merrell's widow,
Mary, her dowry of 95 acres "on Clear and Little Clear Creek", and lot
number one to David J. Merrell, "15 acres at the mouth of Little Clear
Creek and Clear Creek," which included the former Mills Tract where he
lived at the time of his death.]

12/1/1873. "Hendersonville, N.C. The heirs of Calvin Edney will pay to
C.M. Pace one hundred and fifty dollars, my part of the money in the
Clerk Office, according to compromise in the case of John Ledford and
wife against Calvin Edney and others. {signed} S.M. King"  There does
not appear in the estate records just what were the terms of the
compromise.

12/10/1873. "Know all men by these presents that we Mary [Edney] Evans,
Sarah C. [Edney] Angland, William J. Edney, Wilson Edney, Martha [Edney
Bradley] Austin, Catherine A. [Edney] Byrd [Austin], James Edney, Marvel
N. Edney, Jane [Edney] Tow, and Lucinda Edney, have by these presents
nominated, constituted and appointed William Evans our true and lawful
attorney in fact, for us and in our name and stead to receive from the
Clerk of the Superior Court of Henderson County all the money that is
due us as heirs of Calvin Edney, deceased, arising upon the sale of the
lands sold for a partition among the heirs of Asa Edney by order of the
Superior Court of Henderson County in the case of John Ledford and wife
against Calvin Edney et al -- and to receipt for said money when paid to
him in our name, and we hereby ratify and confirm all the acts of our
said attorney, retailing(?) to the promises and do hereby revoke all
other powers of attorney heretofore made by us. In witness whereof we
have hereunto set our hands and seals this the 10th day of December A.D.
1873. Mary (x) Evans, Jane (x) Tow, Martha (x) Austin, Wilson (x) Edney,
Sarah C. (x) Anglin, James (x) Edney, William J. Edney, Marvel N. (x)
Edney, Caroline A. (x) Byrd, Lucinda (x) Edney."

12/22/1873. Received of C.M. Pace... thirty two dollars and 20/100
dollars in full, my part of the funds arising from the sale of the lands
of Calvin Edney, who was the heir and son of Asa Edney... {signed}
George N. (x) Edney"

One would think, that after all this, the estate had reached its final
settlement. Not so.


-1876-

Martha Louisa Edney Bradley Austin, daughter of Calvin J. Edney and
Lucinda Wilson, dies in Yancey County.


-1877-

7/26/1877. Ambrose Jones Edney dies at the age of 78 without leaving a
Last Will and Testament. He is the fourth of the children of Asa and
Sarah to die during the estate proceedings.

-1879-

1/2/1879. Samuel Jones Edney dies at the age of 79, the fifth child of
Asa and Sarah to die.

-1882-

4/22/1882. "John Ledford and wife et al vs. Calvin Edney et al. Superior
Court, Henderson County. It appears to the court that one of the
petitioners in this cause, Ezra Edney, one of the children of Newton J.
Edney, after filing the petition herein, intermarried with one George N.
Williams by whom she had one child, May Jane, now living and married to
one L.M.K. Lyda. That said Ezra is dead, and the said May Jane Lyda is
her only heir at law. That said George N. Williams is living and is
entitled as tenant to the use during his life the share of his wife
Ezra's - now his daughter's - share of the proceeds of the land sold,
the said share being one hundred and seventy one dollars. It further
appears that said May Jane Lyda is now twenty one years of age and is
desirous of receiving a definite sum now in lieu of the whole share to
which she will be entitled at the death of her father, George N.
Williams. And it appearing that a compromise has been agreed to and
between May Jane Lyda, by and with the consent of her husband and her
said father, by which each party agrees to receive one half of said sum
of one hundred and seventy one dollars in full satisfaction of all
claims and interest. It is now, on motion of M.E. Carter, Esquire,
counsel of said Williams, and of W.W. Jones, Esquire, counsel of said
Lydas, ordered, adjudged, and decreed that the Clerk of this Court, C.M.
Pace, Esquire, pay over to the said Williams or his counsel, upon
receipt being filed, the sum of eighty five dollars in full satisfaction
of all claim on his part; and upon the said May Jane Lyda's filing her
deed and that of her husband..., C.M. Pace will pay her the sum of
eighty five dollars in full satisfaction of her claim."

4/22/1882. "Received of C.M. Pace, Clerk of the Superior Court of
Henderson County, eighty five dollars in full of the amount due me...
{signed} George N. Williams"

4/22/1882. "This indenture made this the 22nd day of April 1882 between
L.D.M.K. Lyda and wife May Jane Lyda of the first part and C.M. Pace of
the second part, Witnesseth: That said parties of the first part for and
in consideration of the sum of one hundred and seventy one dollars to
them paid by the said party of the second part, the receipt whereof Lyda
is hereby acknowledged... {signed} D.M. (x) Lyda, M.J. (x) Lyda"

1890 - 1897

The final document in the estate file of Asa Edney, a letter from
Asheville attorney Melvin E. Carter, addressee unknown, but likely to
the Henderson County Clerk of Court.

"Asheville, N.C., January 8th, 1890. My Dear Sir: In 1875 I commenced
here to qualify George N. Williams as guardian of Mary Jane Williams,
his daughter, and he got some money on papers, $170, I think.
Afterwards, her father and she compromised the matter, he paying her a
definite sum in full. I made the compromise with M.W.W. Jones, her
attorney. I have forgotten just how the matter was fixed, whether the
record shows the settlement. I think she was a married woman (to an
Edney it seems to me) when the matter was fixed with Jones. Do me the
kindness to look at the record and let me know if it is rectified in
full and how the matter stands, and I will return you the favor whenever
you call on me. Your Friend, truly, M.E. Carter."

7/1893: Joseph Pickett, husband of Caroline Amanda Edney, dies in
Ellijay, Gilmer County, Georgia.

10/7/1897. John Macon Ledford, husband of Elmyra Roxanne Edney, dies at
his home in Asheville, Buncombe County.


Thus ended the record of the estate settlement of Reverend Asa Edney,
Edneyville, Henderson County, North Carolina.

Presented now is a summary of the deed transfers of the Asa Edney
homeplace:

Deed Book B, page 266, Buncombe County, 7 October 1803, William Mills
and James Miller of Rutherford County to Samuel Edney of Buncombe
County, 35L, part of 500 acre tract granted to Mills and Miller in 1794
on Clear Creek - McCoy's Line, adjoining Lyda and Justus, near Stills
old cabin, 385 acres.

Deed Book 9, page 63, Buncombe County, Bazle Brooks Edminston, 400
acres, to Asa Edney, "Hainesworth Choice" adjoining McMinn, William -
Jesse Saxon line, 7 January 1804.

Deed Book 1, page 256, 15 May 1828, Buncombe County, William Mills to
Asa Edney, 50 acres at mouth of Little Clear Creek. [Area later became
Henderson County]

Estate Sale, Deed Book 3, page 797, Henderson County, 28 June 1848,
Robert Thomas Esquire, High Sheriff of the County of Henderson, to Sarah
Edney, 200 acres, McCoy line adjoining Marvel Edney - wagon ford - where
Little Clear Creek enters Clear Creek, where Sarah Edney now lives, the
Asa Edney old place. Sale conducted 24 September 1844, $10.50.

Deed Book 10, page 352, Henderson County, 6 October 1873, $1533, C.M.
Pace to James Garron - Court order to sell Asa Edney land on Little
Clear Creek and Clear Creek - where Little Clear Creek empties into
Clear Creek adjoining Marvel Edney and heirs of Alexander Merrills.

Deed Book 12, page 103, Henderson County, 17 January 1877, James Garron
and wife, Nancy Garron, $1200 to Sarah J. Townsend, "a portion of the
old Asa Edney Tract.. old channel of Little Clear Creek.. old Wagon
Ford.."

The Estate Records of Calvin J. Edney Son of Asa and Sarah Mills Edney
1803 – 1862:


-1862-

On or about 6/20/1862, Calvin J. Edney died on his way home from
Greenville SC, after having been discharged from the Edney Greys, a
regiment in the Confederate Army, on 19 June 1862, on which date he
affixed his signature to a voucher in settlement of his pay and
allowances.

10/7/1862: "State of North Carolina, Henderson County. Know all men by
these presents, that we, Richard Toliver Lewis and Rufus Edney are held
and firmly bound unto the State of North Carolina in the sum of One
Thousand Dollars, current money [which at that time was either
Confederate currency or monies issued by the state of North Carolina],
to be paid to the State. To the which payment well and truly made, we
bind ourselves, our heirs, executors and administrators, jointly and
severally, firmly by these presents -- Sealed with our seals, and dated
this 7th day of October 1862. The condition of the above obligation is
such, that if the above bounded R. Toliver Lewis administrator of all
and singular the goods and chattels, rights and credits of Calvin Edney,
deceased, do make, or cause to be made a true and perfect inventory...
{signed} R.T.F. Lewis, Rufus Edney."

None of the records in Calvin's estate file indicate what belongings he
had within Henderson County, other than 150 acres of land on Clear
Creek, and ninety dollars Military Severance Pay from the Confederacy.

10/8/1862: "State of North Carolina, Henderson County. By the Justices,
County Court of Pleas and Quarter Sessions, for County of Henderson.  It
being certified to us, that Calvin Edney late of Henderson County, in
this State, died having made no Last Will and Testament in writing, and
that R. Toliver Lewis having made application to this court for, and
obtained Administration upon, the deceased's estate, and also entered
into bond and security as the law in such cases provides, in the sum of
One Thousand Dollars.  These are therefore to empower R. Toliver Lewis
to... exhibit and inventory according to law, and all the just debts of
the deceased to pay, and distribute as law in such case provides; 8th
day of October 1862." 

His debts included a note to a Mr. Ledbetter for $5.55 net, dated 30
April 1859, and recorded 11 May 1859 in Henderson County, witnessed by
Justice of the Peace T.W. Taylor and signed by Calvin Edney. Also, a
note for $5.55 to T.M. Motts (?) dated 5 January 1859. Another note,
this one to Rufus Edney, for $60.67, with interest from 1 January 1860. 
A judgment was issued against Calvin, in his absence while on military
duty, on 15 April 1862 for the note, which was paid to Rufus by R.
Toliver Lewis from the estate on 2 January 1863.

12/22/1862: A lien is placed on 50 acres of Calvin's land holdings on
Clear Creek. "For the want of personalty, levied the within judgment &
execution on 50 acres, more or less, of land belonging to the principal
debt, lying on Clear Creek joining lands with Garron, Alex Merrell &
others, 22 December 1862, Jno C. Allen, Constable"  "Judgment & order of
sale to issue. Jany 2nd 1863, Henry Farmer"

A note for two dollars to W.D. Whitted on 4 April 1861 was settled on 8
March 1864. 

-1869-

8/2/1869: "North Carolina, Henderson County}} Before the Judge of
Probate of said County. To the honorable Judge of Probate, The Petition
of R.T. Lewis, Administrator of Calvin Edney, dec'd, respectfully
showeth that he qualified as administrator of the said Calvin Edney at
October Term 1862 of the Court of Pleas and Quarter Sessions for said
County. Your petitioner further showeth that from the best information
and knowledge which he has been able to obtain, the debts due from the
deceased amounts to one thousand or more dollars, and he believes the
charges of Administration will amount to forty dollars or more.

"Your petitioner further showeth that the personal estate of the
deceased according to the best of his information was worth nothing
except about eighty dollars in Confederate money which came into his
hands in ‘62 or ‘63 and proved worthless. Your petitioner further
showeth that at the time of his death the deceased was seized and
possessed in fee simple of one-third part of a tract of land lying on
the waters of Clear Creek in Henderson County adjoining lands of M.M.
Edney and others, containing one hundred and fifty acres more or less
worth about one thousand dollars and that he had no other real estate.
At his death it descended to his children William Edney, Wilson Edney,
William Evans & wife Mary, Rabbie Angland & wife Catherine, George Byrd
and wife, Marion Bradley and wife Louisa, George N. Edney, James Edney,
Napoleon Edney, Lucinda Edney.

"Your petitioner further showeth that a sale of the whole interest of
the deceased in said lands is necessary to enable him to pay the debts
of the deceased and the charges of administration.

"To the end therefore that the said interest in the tract of land may be
sold by your petitioner under a decree upon such terms as the court may
direct, and that the proceeds of sale may constitute assets in his hands
for the payment of debts and charges of administration. May it please
your Honor to cause a subpoiena with a copy of this petition to be
issued against the said defedants, commanding them to appear before the
Judge of Probate of Henderson County on the 17th day of Sept 1869 to
show cause, if any they have, why the praayer of the petitioner shall
not be granted. And your petitioner will ever pray. {signed} S.J.
Pickens, Atty for Petitioner. Subscribed to this the 2nd day of Aug 1869
{signed} Richard T. Lewis, Adm. Sworn to and subscribed to before me
this 2nd day of Aug 1869 {signed} C.M. Pace, Probate Judge." Endorsed:

"On motion of Plaintiffs counsel it is ordered that he be allowed to
amend so as to bring the action before the Clerk of the Superior Court
instead of the Judge of Probate. {signed} C.M. Pace, Superior Court
Clerk, Henderson County. November 12th 1869."

8/2/1869: Henderson County Probate Judge, C.M. Pace, issues an order: 
"To the Sheriff of Yancey County, Greetings: Whereas R.T. Lewis has
filed a petition in the Court of Probate of this county against William
Edney, Wilson Edney, William Evans and wife Mary, Raborn Angland and
wife Catherine, George Byrd and wife Amanda, Philip Marion Bradley and
wife Martha Louisa, George N. Edney, James Edney, Napoleon Edney and
Lucinda Edney, heirs at law of Calvin Edney, deceased, for the sale of
lands to pay the debts of the deceased. You are hereby commanded that
you make known to the said ... heirs at law of the deceased, that they
be and appear before the Judge of Probate for Henderson County at the
Court House in Hendersonville on the 17th day of September 1869, then
and there to plead answer or denial to plaintiffs' petition, or the
petition will be granted, and the land sold. Issued this 2nd day of
August 1869."  Yancey County sheriff W.E. Proffitt signed the reverse of
Judge Pace's order on 13 August 1869, "Executed by delivering a copy of
petition to all of the within named party."

Calvin's son, former Confederate States Army Lieutenant, William Jasper
Edney took up the banner for the family cause in an attempt to retain
their father's land in the hands of his children. "Answer to petition
asking to make sale - estate assets. The separate answer of W.J. Edney,
Wilson Edney, Wm. Evans & wife Mary, Raborn Anglin & wife Catherine,
George Byrd & wife Amanda, Marion Bradley & wife Martha, George N.
Edney, James Edney, Napoleon Edney, Jane & Lucinda Edney, the last two
being minors, through their guardian William Evans, sayeth:

"I.  That according to the homestead provision of the Constitution, and
personal exemption, provide by the same, none but four classes of debts
are excepted from the benefits of its provisions -- 1st, those for the
purchase of said homestead;  2nd, those for work and labor  done for its
owner on the premises as may constitute a laborers' lien.  3rd - those
for such labor done or may constitute a mechanic's lien, and 4th, those
for taxes accruing on the houses and the lands ascribed in the petition
are not obnoxious to any of the above enumerated exceptions.

"II.  That defendants own no other real estate than is prayed to be
converted, and therefore their only chance for a homestead is in these
lands as described.

"III. That according to Art. 10, Sec 3, State Constitution, "The
homestead after the death of the owner thereof shall be exempt from the
payment of any debts during the minority of his children or any one of
them," and these lands embrace the homestead of the intestate; and the
last mentioned defendants, viz; Jane & Lucinda Edney, are minors.
Wherefore the defendants pray that the petition of the administrator
asking to make sale of estate assets be dismissed at the cost of the
petitioner. Hyman & Osborne, Attorney for Defendants. {signed} W.J.
Edney [no day/month] 1869.

9/24/1869: Toliver Lewis filed a petition, naming Calvin's son, William
Edney, et al, as defendants, as an answer to the complaint; much of it
illegible.  I've done my best to formulate a transcription. "R.T. Lewis,
Admr, against Wm. Edney, et al. The petitioner claims that the answer of
the defendants for the insufficiency in not stating facts sufficient to
constitute a defense. 

"1st - The homeland cannot come in question in this proceeding until the
possession of property is interfered with. 2nd - It does not appear from
the answer that the intestate had a homeland. Upon the contrary as
appears in Petition and met his demise, he died long before the date of
the present constitution under which they claim. [This obviously refers
to the new state constitution of North Carolina drawn up after the end
of hostilities in the War Between the States.]  3rd - The answer does
not give the ages of any minors.  4th - [not legible, but makes mention
of "another county," which appears to be Yancey]. {signed} __?__,
Attorney for the petitioner"  Upon which, the defendants, Wm. Edney, et
al, apply to the court for a hearing.

9/24/1869: "R.T. Lewis, Admr against Wm. Edney et al, Application for a
Hearing. To the Honorable J.L. Henry, Judge of the 11th Judicial
District - The undersigned counsel for the defendants in the above
entitled cause would respectfully suggest that they desire to Argue the
said cause before your Honor or some other Judge learned in the law, and
insist that your Honor will set the case for hearing at Hendersonville
the 25th day of October 1869 as it will not be practicable for the
counsel to attend at any other time or place. We would respectfully ask
that should your Honor decide upon the case sooner that we have notice
thereof that we may prepare our argument for defense. Sept 24th 1869 -
Hyman & Osborn, Attorneys for Defendant."

9/25/1869:  "R.T. Lewis, Admr, vs. Heirs of Calvin Edney. In the Court
of Probate 2 August 1869, petition was filed & came to sell real estate.

"Hendersonville, NC, September 25th 1869. Honorable J. L. Henry. Dear
Sir: In ..., I send you the papers in the above entitled case for your
decisions, being of the opinion that the Clerk of Court has no right to
decide in the case. Yours Respectfully, C.M. Pace, Henderson County
Court, Judge of Probate."

9/27/1869: "Superior Court, Eleventh District of North Carolina.
Henderson County Fall Term, At Chambers. R.T. Lewis, Admr, against Heirs
at Law of Calvin Edney. In the above entitled cause it appears to the
Court as follows: That a petition has been filed in the Probate Court of
the County of Henderson by the Plaintiff R.T. Lewis for leave to sell
real estate to pay debts of his intestate and answer being thereto made
by the defendants... to said answer being filed by plaintiffs counsel
and the papers forwarded by the Judge of Probate (together with a
request to be heard by the defendants counsel) here for action.

"It is therefore ordered: I. That said Cause be set for hearing and
argued at Chambers in Hendersonville on the 25th day of October 1869.

"II. The Clerk of the Superior Court in Henderson County issue notice to
the parties and attorneys to be retained in this... of the time and
place above mentioned for the hearing of said cause. {signed} J.L.
Henry, Judge"  "Certified Oct 7, 1869, C.M. Pace"

10/8/1869: "We accept service of the within notice for the defendants.
Hyman & Osborne, Attorneys"

11/8/1869:" Eleventh Judicial District, Asheville, N.C. These papers are
from the Probate Court of Henderson County, which court has No
Jurisdiction of matters of this kind. Before an opinion can be rendered
here effective, the merits of the action, the papers and proceedings
must be re-recorded or dismissed and new process had. I call your
attention to Sect 8, page 384, Laws 68-9. {signed} J.L. Henry, Judge"

11/19/1869: "On motion of plaintiffs counsel it is ordered that he be
allowed to amend so as to bring the action before the Clerk of the
Superior Court instead of the Judge of Probate. {signed} C.M. Pace,
Superior Court, Clerk, Henderson County"


-1870-

1/4/1870: "R.T. Lewis against The heirs of Calvin Edney, dec'd. At
Chambers. In the above entitled cause it appears to the Court as
follows: That the papers enclosed from the Clerk of the Superior Court,
are an application by the Plaintiff, Administrator, to sell real estate
of his intestate for assets to pay debts. To this there is an answer by
the defendants heirs at law of the Intestate alleging that two of them,
James and Lucinda Edney are minor children of intestate & praying that
they be allowed the provisions of the Constitution, Art. 10, Sect 3, and
that the land sought to be made assets be set apart as a Homestead and
exempt from the payment of any debt during the minority of said infants
according to Law.

"It is therefore ordered: I. That the said James and Lucinda Edney minor
heirs at law aforesaid may apply as provided in "Public Laws 1868-9"
page 333-4, Sects 7-8-10 and have said homestead laid off in pursuance
of said 13th chapter.

"II That the Clerk of Superior Court for Henderson County make a decree
authorizing the administrator R.T. Lewis to sell the Reasl Estate of his
intestate, subject to said homestead.

"III. That the defendants have judgment for the sum of ($5.00) five
dollars costs in this behalf incurred in this Court against the said R
.T. Lewis and that he issue execution therefor. {signed} J.L. Henry,
Judge"

A marginal notation by Judge Henry: "This case came up from the 12th
Judicial District, was before me to be heard at the last term of the
Superior Court of Henderson, which court was holding by virtue of a
{torn} & was adjourned from time to time till this hearing."

2/14/1870:  "In obedience to an order from this court, the undersigned
on the 14th day of February 1870 at the Court House door in
Hendersonville sold at public auction the real estate of Calvin Edney,
deceased, lying in this county, at which time and place S.M. King became
the last and highest bidder for the sum of $201 dollars, $35 in cash,
the remainder upon twelve months time for which he gave his note with
Rufus Edney, security. Certificate of sale given out -- Title withheld
until paid for. Respectfully submitted {signed} Rich. T. Lewis" 
Complications arose, and something went awry with the sale.

Moving forward eight years to March 25, 1878:  "State of North Carolina,
Henderson County}} To the Superior Court.  The undersigned respectfully
presents that they purchased the Calvin Edney lands and gave their notes
for the purchase money, but for some irregularity, sale was abandoned
and there was a new sale to other parties. We therefore pray that the
sale of which they purchased be set aside in all respects, and that the
note they gave for the purchase of said land, now in possession of W.G
.B. Morris, "De bonis Non" of Calvin Edney, be delivered up to them and
to  be cancelled. {signed} Rufus Edney, S.M. King"

Returning to the year 1871. It next became George N. Edney's turn to
take up the banner, in "G.N. Edney et al, against R.T. Lewis.  This day
personally appeared before me, C.M. Pace, Clerk of the Superior Court,
G.N. Edney and made oath... that he enters his protest against the
confirmation of the sale of the lands made by R.T. Lewis... for the
reason that they did not bring near their value and that the Bond of the
Administrator is not good, and that it would not be safe to pay the
money to the administrator.  G.N. (his mark) Edney, March 6th 1871"  Was
George calling Mr. Lewis a dishonest man?

So, what happened to the $201 proceeds from the land sale?  On 17 August
1871, Richard T. Lewis filed his report: Attorney fees, debts, court
costs equaled $157.00;  R.T. Lewis was paid $17.90 for his
administrators' fee; that left $24.10 to be divided among the eleven
children; they had been in court nine years. The estate settlement was
not yet complete when Richard Toliver Lewis, Administrator of the Estate
of Calvin Edney, Deceased, also joined the land of the deceased about
1873. That was why Mr. W.G.B. Morris held possession of the land title.

-1873-

4/16/1873: Rufus Edney goes before the Henderson County Probate Court
and filed this application: "In the matter of the Administration of the
estate of Calvin Edney before C.M. Pace. Rufus Edney being sworn doth
say: That R.T. Lewis, administrator of Calvin Edney, late of this
county, is dead, without having fully administered the estate of his
intestate, and that W.G.B. Morris is the proper person entitled to
Letters of Administration "de bonis non" of Calvin Edney. Further, that
the value of the estate, so far as can be ascertained at the date of
this application, is about $600.00. 16th day of April 1873. {signed}
Rufus Edney"

4/16/1873: "State of North Carolina, Henderson County}} In the Probate
Court. I, W.G.B. Morris do solemnly swear that I believe R.T. Lewis,
Administrator of Calvin Edney, died without having fully administered;
and that I will well and truly administer all and singular the Goods and
Chattels, Rights and Credits of the said Calvin Edney and a true and
perfect inventory thereof return as provided by law; and all other
duties appertaining to the charge reposed in me, I will faithfully and
honestly perform with the best of my skill and ability: So help me God.
{signed} W.G.B. Morris."

4/27/1873: "W.G.B. Morris, administrator "de bonis non" of Calvin Edney,
makes the following as the only property that came into his hands as the
goods left and remaining in the hands of his intestate as administator
of Calvin Edney, pled Apr 27th 1873 to wit  -- 1 note on Rufus Edney &
S.M. King, $151.00. Respectfully submitted {signed} W.G.B. Morris,
Administrator. This is to certify that the notes executed by S.M. King
and Rufus Edney to R.T. Lewis, for the purchase of lands has been
assigned by them to me, and I am responsible for the note as
administrator of R.T. Lewis. {signed} W.G.B. Morris."

Included in the estate file is a single piece of paper with these words
written repeatedly, as if the person was doodling - "Family, family,
family, family, family, Tow, Tow, Tow, Tow, Tow, Tow, Tow, Tweed, Tweed,
Tow, Tweed, Tweed."  Family and Tow (Dr. William C. and Elizabeth Jane
Edney Tow) make sense to me, but not the Tweed family.


So ended the estate settlement of Calvin J. Edney, son of Asa Edney and
Sarah Mills of Henderson County, North Carolina. The proceedings lasted
eleven years, by which time all the children who were minors when their
father died had become adults and began families of their own in Yancey,
Madison and Mitchell Counties of North Carolina and Unicoi County of
Tennessee.


The Townsend family lived for a number of years in the house on the home
place of Asa Edney. Two local residents remember the old house as a
large two-story structure on the West side of Mills Gap Road, opposite
the family graveyard. A new house has been erected between the old home
place and the road. A granite marker has now been placed there in honor
of Asa and Sarah Mills Edney, as well as one for a son, Calvin J. Edney.