LENOIR COUNTY, NC - Collections - Sutton Family Papers. ========================================================================= USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed by: Martha Mewborn Marble July 1999 ========================================================================== SUTTON COLLECTION ECU - SUTTON DEEDS These Documents found in the Manuscript Division, Joyner library, East Carolina University. They are used with the permission of the Library for the Lenoir County Archives Website. 1. Moses and Persis Westboork to Benjamin Sutton - 1791 This indenture made the 22 day of November in the year of our Lord one thousand Seven Hundred & Ninety One between Moses Westbrook of Dobbs County and State of North Carolina, Marchant, and Persis his wife formerly Persis Young daughter of Charles Young dec of the one part and Benjamin Sutton of the same County ---- of the other part whereas Charles Young in his lifetime did make sale of a certain tract or parcel of land containing two Hundred acres more or less on the North side of Neuse River and lower side of Beare Creek being the land the said Charles Young bought of Harry Roberts and being part of the tract of land he sold to James Mizzill the original grant was made to Thomas Burnett for 350 acres, to William Waddle and by the said Waddle conveyed to the aforesaid John Sutton dec father of the aforesaid Benjamin Sutton and the said Charles Young having given his bond to make a deed of conveyance for the aforesaid land and before the said ---- and whereas the said John Sutton having left the said land in his last will & testament unto his son Benjamin and in order to comply with the said Charles Young contracted and take up his Bond and as one of the heirs ---- the said Moses Westbrook and Persis his wife as well in consideration of the promise of thirty shillings current money ------ payed by said Benjamin Sutton the aforesaid parcel ----- Both appear to have signed their names WIT Joshua Croom Major Croom Brought to Court April Term 1792 on oath of Joshua Croom Enrolled 5th Day of May 1792 by D. Caswell Original found in the Sutton Family Papers Collection, Collection No 315, Manuscript Collection, J. Y. Joyner Library, East Carolina University, Greenville, NC. 2. Wiley Wilson to Benjamin Parrott This indenture made the 10th day of December in the year of our Lord one thousand Eight Hundred and Twenty four between Wiley Wilson of the State of North Carolina & Lenoir County ---- & Benjamin Parrott of said state & county on the other part ----- for consideration of Eighty five dollars to me ---- one tract or parcel of land lying & being in the State & County aforesaid on the North side of the White Marsh beginning at the run of said Marsh and at Wm. Y Aldredges corner thence the run of the said marsh to John Rouses corner, thence with Rouses line as the water will ? down the land at high (torn) mark by a (torn) said B. Parrott or his heirs may hereafter build thence with the high water mark on my land including every branch, gut or core that may be dammed by the said mill pond, to William T. Aldrieges line thence thence (sic) with said line to the beginning. To have and to hold ---- by the said Benjamin Parrott Sen. ---- signed by Wiley Wilson WIT John Gray, Edy (x) Gray To court Jan Term 1825 by the oath of John Gray. Enrolled 9 Jan 1825 by D. Caswell Original found in the Gloria Sutton Stone Collection, Collection No 556, Manuscript Collection, J. Y. Joyner Library, East Carolina University, Greenville, NC. 3. Survey for Benjamin Parrott Lenoir County, North Carolina - I have surveyed for Benjamin Parrott a tract or parcel of land containing thirty nine acres and a fourth lying on the west side of gum swamp & east side of Lower falling Creek adjoining the lands of John Sutton, James Brown and his own lands, beginning at a black gum in the rim of gum swamp, William Y. Aldridges corner running thence with Aldridges line N 63 W 35 poles to a stake thence No 41 E 90 poles to a stake thence No 65 E 80 poles to a stake thence No (torn) E 50 poles to a stake thence N 19 E 29 poles to a stake thence S 29 E 26 poles to a Stake thence S 30 W 14 poles to a stake thence So 20 W 45 poles to a stake thence So 56 W 82 poles to a stake thence So 40 W 90 poles to the beginning. Stanton Taylor C. Surv. A drawing is attached Original found in the Gloria Sutton Stone Collection, Collection No 556, Manuscript Collection, J. Y. Joyner Library, East Carolina University, Greenville, NC. 4. STATE OF NORTH CAROLINA - #959 1794 Know ye, that we, for and in consideration of the sum of Ten ? (paper torn from top to bottom) shillings for every hundred acres hereby granted, paid into our Treasury by Benjamin Sutton ----a tract of land containing ? hundred and ninety four acres ----- on Bucklesberry pocoson adj Simon Herring's Patent, Sutton's land ---- (most of this is not readable) Original found in the Sutton Family Papers Collection, Collection No 315, Manuscript Collection, J. Y. Joyner Library, East Carolina University, Greenville, NC. 5. MORTGAGE BETWEEN JULIUS SUTTON AND WIFE NANCETTA AND JOHN IVEZ This indenture made the 16th day of February 1870 by and between Julius Sutton and wife Nancetta Sutton parties of the first part and John Ivez Guardian to Dempsey Parks and Martha Jane Parks party of the second part, all of Lenoir County, North Carolina: the first part for the sum of one dollar ---- have ---- sold to ----- the 2nd part the following tract of land lying in Bucklesberry Pocosin, Lenoir County to wit that tract of land conveyed from Benj Sutton to Hardy Sutton by deed of gift bearing date Nov 13th 1820 - beginning at a maple in John Sutton's line, the dividing corner agreed on between Benj Sutton Jr and Hardy Sutton and runs with their agreed on line W 83 W 196 poles to a white oak, another agreed on corner W and W 20 1/2 poles to a forked white oak - another agreed on corner S 20 W 62 poles to a stake then W 52 poles to a red oak (down), Thos Jones and Thos Burnetts old patent corner, then S 30 E 179 poles to a white oak (down & gone) near a hickory marked old tree: then S 30 W 39 poles to a stake Thom Uzzell's corner; then with the dividing line made and agreed on between said Hardy Sutton and said Uzzell N 72 E 220 poles to a stake then N 12 W94 poles to a stake; then E 10 poles to a stake and small post oak in Jno Sutton's corner; then with his line W 1 E 42 1/2 poles to the beginning containing two hundred and fifty nine acres more or less. The condition of this indenture is such that whereas the aforesaid Julius Sutton and N Sutton are justly indebted to the said John Ivey, guardian --- - in the sum of Two Thousand dollars due by bond ----- said Julius and wife shall freely pay off ----- said bond on or before the first day of Jan 1871 ---- then this indenture shall be void; otherwise to remain in full force. Both signed by mark - Julius had a middle initial of E. WIT J. W. Harper Nancetta was privately examined Enrolled in the Registrars Office Book 38 page 398, 399, & 400. A. C. Wadsworth Reg of Deeds Original found in the Sutton Family Papers Collection, Collection No 315, Manuscript Collection, J. Y. Joyner Library, East Carolina University, Greenville, NC. 6. BENJAMIN SUTTON INDEBTED TO JOHN HERRING Know all men by these persons that I Benjamin Sutton of the county of Dobbs & State of North Carolina am held & firmly bound to John Herring in the ? sum of one thousand pounds current money of the said State to be paid to the said John Herring his heirs, executors administrators or assign ---- ----24th August 1791 The condition of the above obligation is such that whereas the said Benjamin Sutton hath made an Entry in the land office for Three Hundred acres Land in the Bucklesberry on the East side of Bear Creek in Dobbs County now if a letter or grant is obtained for said land by virtue of said Entry and the said Benjamin Sutton doth within Two months after it is obtained make and assign unto the John Herring or his heirs a good & lawful deed of sale for this the sd Sutton's Right by virtue of sd grant for all the land the said Grant may cover lying above the Land formerlly surveyed & held by John Sutton now the property of Benj Sutton which deed is to include the land formerly held by ? Herring and now at the time of an Entry claimed by John Herring and acknowledged the same then the said obligation to be ? of now affect otherwise to be & remain in full force. Signature not readable but assumed to be Benjamin Sutton Test: John Herring and a possible 2nd person whose name is not readable Original found in the Sutton Family Papers Collection, Collection No 315, Manuscript Collection, J. Y. Joyner Library, East Carolina University, Greenville, NC. 7. Bill of sale ? Mr. John Sutton Jr Do 1806 to Bryan Whitfield & Son To 1 M Powder ? 10/ L0 5 1807 2 M shot 2/ 4 0 9 June 3rd To 1 M buck shot ? 2 1 green paper ? 3.6 3 yds blue flannel not readable 1 " 5 " 6 July 20 2 ? lb of tobacco 1/3 2 " 6 L 1 " 17 " [Editor's note: The columnar alignment in the above list is off.--er] Errors Excepted B Whitfield & Sons Received ? April 15th 1808 of Benjamin Sutton one pound seventeen shillings in full of John Sutton jun account with us Bryan Whitfield & Son Original found in the Sutton Family Papers Collection, Collection No 315, Manuscript Collection, J. Y. Joyner Library, East Carolina University, Greenville, NC. END OF ECU COLLECTION MISC DOCUMENTS Russell King gave me a copy of this document which he found in the John Heritage Bryan Collection at Wilson Library, Southern Historical Collection, UNC - Chapel Hill. It is extremely faded and difficult to read. Sarah Sutton was the widow of Benjamin (Oxley ?) Sutton. Barwick vs Wood ---- the will is sufficently proved Mitchell vs Moore ___________ The division was made under the will (last three words marked through) by pet filed in Lenoir County CC to which all the daughters were parties including the daughters under which have ---? And the ?? were alloted to ??? their allotment is confirmed by the ???? ___________ These slaves went into the possession of Sarah Sutton in '32 acording to the will and remained in her possession to her death in '46 where they were divided & allotted as above __________ the decd under which the ??? dau ??? the right of Winifred in a certain lot of described in the will of Benja Sutton dated in '37 is for a val ??? of 300 __________ Deft claims under the ??? Va '46 in the year 1846 (spring) before the death of Sarah Sutton the widow of test ??? had the slaves in ??? after her death in the summer of '46 - be held then & claimed them as her own - so that hen deft took his deed ?? was in actual possession - Stedman vs Reddick ? 4 ? 29. The action ???? lawful possession difficut ??? vs Miller 12 Feb ??? The legatees under the will of Benj Sutton of whom we bargin was ???? equitable title ?? a auditor could put the law in motion ???? - after 14 years possession of Sarah Sutton or apart by the Ex ? her title could not be distributed by a ???? - Craig vs Miller ???? and upon her death if her possession had been only a ? & plan claimed ??? for an Ex may apart before probate - and if ???? before probate by ???? ________ The petition by which the negroes were alloted to the wives of Ellis L. Rouse (named as Ex) and by said Rouse was taxed can hereby ???? to have been ???? FROM MATTIE JOLLY of Richmond, Va. Miss Jolly has the originals in her possession and wrote a number of articles in the Lenoir County Heritage Book 1. SURVEY FOR JOHN SUTTON October ye 4th 1763 Surveyed for John Sutton No 334 Grant 68 Issued Dec 21, 1763 Entered 4 October 1763 Book 17 page 18. Chain Bearers C. B. Williams, Dempsey Benton A plantation containing 75 Acres of Land in the County of Dobbs on the North Side of Nuse River Joyning John Gileses as line Beginning at Sweet gum in a branch near said Gileses line and Runs N 20 E: 22 poles to a white Oak in sd Gileses Line and Runs with Sd line W 188 poles to a stake then with said Gills line again N 30 poles to a Stake then S 75 W 72 poles to a white Oak in Simon Herrings Line then S w 87 poles to a post Oak in or near his own Line then to ye beginning. Philip Stone D. Sue 2. Survey for John Sutton - Lenoir County Grant 142 Issued 18 December 1797 Warrant No (no number ) Entry No 125 Entered 5 Jan 1796 Book 92 Page No 343 State of North Carolina November 15th 1796 Surveyed for John Sutton by Warrant No 125 dated 5th Jan'y 1796 a tract of Land Containing Four acres lying in Lenoir County on the North Side of Neuse River and west side of Pritty (sic) place, Beginning at a poast Oak his own corner near the main roade & runs South Forty East Forty Seven pole to a water Oak in the Edge of the Pritty place John Herringes Corner/ formerly Rauses/ thence with Herringes line South Ten East Fifty pole to a stake in his own land thence with his own line North Twenty west ninety two pole to the beginning. Ja,. Byrd Chainbearers John Herring Darcas Whitman 3. DIVISION, DOWERS, & PROVISIONS VOL A pp 23-24, 39 - 42 - Lenoir County Courthouse - Miss Jolly sent me a partial copy of this and the rest was obtained from the Courthouse in Kinston Land description is abstracted. Benjamin Sutton died 28 March 1864 and was buried in the Sutton Family Cemetery. The heirs listed below are by no means all his children; however, there is a lot of conflicting information as to exactly who his children were as some may have been grandchildren. State of North Carolina, Lenoir County, To the Superior Court Clerk We the undersigned commissioners, appointed by the Superior Court Clerk of Lenoir County, having been duly sworn, proceeded on the tenth day of December 1872, to divide and make partition between and among Benjamin H. Sutton, George L. Sutton, Allen Sutton, Jennett Turner, Louisa Davis, Isaac E. Sutton & Buck Sutton tenants in common of the lands devised to them by the last will and testament of Benjamin Sutton, dec'd. whereupon, we have made and do hereby make the following appropriations among the respective claimants in severally, that is to say: The Lot No. 1 is assigned and appropriated to George L. Sutton bounded as follows: beginning at a stake on the bank of the Neuse River to a stake near the public road, to a branch, then down the branch to Daniel Sutton's corner, corner of lot #2, to Neuse River - 110 acres valued at One Thousand Dollars The Lot #2 - is appropriated to Jennett Turner bounded as follows: beginning at the mouth of the Mill Branch, up the run of the same to the public road,, with the canal, adj Lot #1, to a stake near the gin house, to the Neuse River - 79 1/2 acres valued at One Thousand Dollars. Lot #3 is appropriated to Buck Sutton bounded as follows: beginning at the at the run of the mill branch on the public road below the mill and runs with said road, corner of Lot 2, back to the public road - 90 acres valued at eight Hundred and fifty dollars. Lot #4 - appropriated to Louisa Davis - as follows, viz: Beginning at a pine in Blount's line and run with his line west 30 poles to a white oak stump (now gone) thence North 37 poles and five links to a small pine, on the ditch, thence N 88 west 94 1/2 poles to Daniel Sutton's line thence running with his line south 57 poles thence N 73 W 41 poles thence south 69 poles to a water oak, a corner of Lot #1 then South 88 E. 163 poles to a stake, a corner of Lot #3, thence North 75 1/2 poles to the beginning Lot No 5 is appropriated to Eli Sutton in severalty, bounded as follows, viz: Beginning at a stake on Blount's line, the third corner of Lot #4 and runs North 88 W. 48 poles to a stake, thence N 2 E about 511 poles to the sand ridge, thence running with the edge of the said sand ridge about 50 poles to Blount's line at a lightwood stump, thence with Blount's line South 511 poles to the beginning, containing one hundred and fifty one acres valued at nine hundred and fifty dollars. Lot No 6 is appropriated to Benjamin H. Sutton in severally bounded as follows, viz: Beginning at a stake the second corner of lot No 5 and run with the same N 2 E about 511 poles to the sand hill or high land, and running with the same to the back line, thence running with the same South about 100 poles to a stake, thence South about 66 East 135 to a dead pine and staken thence South about 331 poles to a small sweet gum on Daniel Sutton's line and a corner of lot #4 thence running with the same south 88 E 46 poles to the beginning containing about two hundred and thirty eight acres valued at nine hundred and fifty dollars. Lot #7 is assigned and appropriated to Allen Sutton in severalty bounded as follows, viz: Beginning at a pine stump in Blount's line & runs with his line N 165 poles to a stake thence West 200 poles to a stake thence South 25 W 65 poles to a stake near the Guinna ? Spring, thence South to the edge of the Great Baer pocosin thence with the edge of the pocosin to the beginning containing about two hundred and thirteen acres valued at nine hundred dollars. We further charge the more valuable dividends with such sums of money respectively to be paid to those of inferior value respectively as will make an equitable division that is to say that lot #4 appropriated to Louisa Davis is to pay to the Lot #3 appropriated to Buck Sutton the sum of one hundred and fifty dollars That lot No 4 appropriated to Louisa Davis is also to pay to Lot #5 appropriated to Eli Sutton the sum of fifty dollars. Lot No 4 appropriated to Louisa Davis is also to pay to Lot No 6 appropriated to Benjamin H. Sutton the sum of Fifty Dollars. Lot No 4 appropriated to Louisa Davis is also to pay to Lot No 7 appropriated to Allen Sutton the sum of One Hundred Dollars. One acre of land where the gin house and cotton screw is now located which has not heretofore been appropriated is appropriated to Lot No 1 with all improvements thereto or in anywise belonging the value of which is included in the valuation of the said Lot No 1 appropriated to George Sutton. All which is respectfully submitted under our hands and seals this the 12th day of December 1872 J. M. Swaringin Jerry Warters Recorded in the office of the Superior Court Clerk of Lenoir County this 22 day of May 1874 Wm W. N. Hunter, CSC Ida Hunter, DC This document is from my Collection and point up the confusion over the children of Benjamin Sutton NORTH CAROLINA ARCHIVES - CR 028.508.17 - CRAVEN COUNTY ESTATE RECORDS ESTATE OF ALEXANDER W. KILPATRICK - 1853 Worry Kilpatrick had sold land to Benjamin Sutton Sr. for $5,000. Benjamin died and Wm Sutton and heirs at law of Benj. Petition to have the land sold to divide the proceeds. Superior Court Craven County, Fall Term 1871 - Edward Jones and John Kilpatrick by their next friend and Guardian Warry Kilpatrick to the Court. "It is ordered in this case that notice be issued to the following persons viz. Worry Kilpatrick, Allen Sutton, Buck Sutton, Eli Sutton, George S. Sutton, Thos. Sutton, Daniel Sutton, Benj. H. Sutton, Gennett Turner, Mary A. Sutton, Nancy Dail, Chloe M. Parker, Sarah Bizzell, Betssey Caisey, Levi Sutton, Winniford Fields, Louisa Sutton, Mary Sutton and Thos Sutton guard, Mary Smith, The Heirs at Law of Benj Sutton Sr. and John Rhem to appear at the next term of this Court the 4th Monday after the 4th Monday in February. To attend to their respective interests in proceedings to be had in the case. Signed (I am not sure this is correct, but best I could do) J. or I. E. West" Attached to the back of this paper To the Sheriff of Lenoir County please notify the within defendants. Received March 1st 1872 Served March 14th and 15th 1872 upon Allen Sutton Thomas Sutton George Sutton B. H. Sutton Gennett Turner Louisa Sutton Levi Sutton Warry Kilpatrick John Rhem Winifred Fields Mary A. Smith On another sheet of paper is the following: Heirs at Law of Benj Sutton Sr Allen Sutton Buck Sutton Eli Sutton George S. Sutton Thos Sutton Daniel Sutton Benj. H. Sutton Gennett Turner Mary A. Sutton Nancy Dail Chloe M. Parker Sarah Bizzell Besey Caisey Levi Sutton Winnifred Fields Louisa Sutton Mary Sutton Tho. Sutton guard Mary Smith NOTE: The above information is all that is in the estate records that lists the heirs. It is possible more information could be obtained from Court Records. There is a minor problem of a nine (9) year difference in the death dates of Benjamin Sutton which brings up the question of whether the two Benjamins are the same person. Also the list of children is not consistent. I am not certain which Worry Kilpatrick this was, Warre III or the next generation. Alexander was the son of Warre II and had a brother Warre III. Warre III md 1st Elizabeth Bond Phillips, who died with issue and I am not certain if Warre III remarried.