LINCOLN COUNTY, NC - WILLS - Estate record for William Little, Sr., 1857 ----¤¤¤¤---- Transcribed by Jill L. Huter (jhuter@nc.rr.com) from original estate records, located in NC State Archives in Raleigh. Located in Lincoln County Estate Records, 1779-1925, Little, Elizabeth - Little, Thomas, call number C.R.060.508.80. This record concerns the estate for William Little, but is filed in the folder for "Thomas Little 1857". Estate record for William Little Sr 1857 State of North Carolina Lincoln County To Fall Term 1858 Jas H McCall & wife & others Superior Court of Law Vs John F Little In pursuance to an order made at the Spring term of the Superior Court of Law for said county in the year 1858 Hon J.L. Bailey Judge presideing. William J. Hoke Clerk and Master in Equity for said County and Robt Williams Clerk of the Superior Courtdid examine and enquire as to who are the heirs at law and next of kin of the late William Little Sr. dec'd and make the following report. After due notice having beeen served upon the parties and the parties being present we proceeded on the 23rd day of July 1858 at the residence of the Rev. Henry Asbury to take the evidence of Mrs. Nancy Asbury who was quite old and infirm but who seemed to be of sound mind and memory. [?] questions were asked her by the Commission and the plaintiffs. The substance of her testimony is that she was acquainted with the late Wm Little Sr and his wife and that common report said they were married. That she did not see them married could not recollect the date of their marriage. That she knew positively that Hua and Patsy plaintiffs in this suit were born before the marriage of Intestate and the Widow Coxe. Her testimony is filed among the papers. On the same day and after due notice at the house of Allen Stoward and in the presence of the parties we proceeded to take the testimony of Polly Stoward a very old woman who testified in substance as follows. That she knew the William Little and Obedience his wife that they lived neighbors a long time, that she knew them both before and after they were married. To the best of her recollection they were married in June 1807 by Thomas Wheeler Esq. The children born after their marriage were Thomas, William, Betsy, Matty, Obedience, Jane, Alfred and Polly. That Hua and Patsy were born before the marriage of intestate and the Widow Coxe. That she was present at the birth of Patsy, which was before the marriage. That the children by his last wife who survived the old man were John, Fanny, and Becky. I never heard the old man disown Hua or Patsy and always treated them as he did the others, and if he made any reference it was in favor of Patsy. I never heard Intestate claim Patsy as his child, but when she was born, he came himself after my mother to attend as midwife, and paid her for her services. From comparing the ages of Hua and Patsy with my sons Henderson and Franklin that Hua must have been born in 1803 and Patsy in January 1806. Her testimony is filed among the papers. On the same day and after notice to the parties and all being present we proceeded to take the testimony of Margaret Brotherton, at the house of Hua Litle. Her testimony in substance is that she was acquainted with the parties, that she repeatedly heard Intestate claim Hua and Patsy as his children, that he gave them as much schooling as he did the others, That she heard Intestate say that he would give them as much of his Estate as to any other child and more to Patsy, and that Patsy was given the whole control of the afairs at home. Her testimony is in file. On Monday the 16th day of August 1858 at the Court House in Lincolnton all parties being present we proceeded to take the testimony of the [?][?], viz Thomas Beaty, Gabriel Brown, and others. That as in file, also excused all the parties present, to wit. D. Lockman and wife, J.H. McCall and wife, James Rankin and wife Patsy, Hua Little, Alfred Little, Matty Sherrill, Wm P Little, J.W. Love, John F. Little, Sherod Little, Wm Hager, James Little, Hugh Brotherton, Jesse Cornelius as parties and Elisha Lockman as a witness[?]. The all denied having the much spoken of Family Bible or knowing where it was. They all agree that the statement as given by Elizabeth Lockman as to the Genology of Intestates' family which is given in full below. When Hua Little was examined he produced the family record which was proven to be in the hand writing of the Intestate, it being a family bible belonging formerly to Intestates Father. Also a law book with a record in it. Both records were proven to be in the handwriting of Wm Little Sr dec'd the Intestate. The said record showed that the Intestate William Little Sr was married to Beady or Obedience Coxe after the birth of Hua Little and Patsy Rankin plaintiffs in this case. W.R. Clark the County Court Clerk for Lincoln County produced the marriage bond of Intestate to Beady Coxe which correspond with the record. All parties, both witnessas and parties agree I stateing that the Intestate treated Hua and Patsy as he did his other children never making deference in any particular [?] it was in behalf of Patsy. We will here proceed to give the geneolog of Intestate family as proven by Elizabeth Lockman and confirmed by all the others viz. There were ten children by his wife Obedience Coxe viz. Hua, Patsy, Thomas, William, Obedience, Polly, Matty, Elizabeth, Jane, Alfred. Patsy married James Rankin. Obedience married James H. McCall. Polly was first married to Franklin Sherrill and after his death and after the death of Intestate she married G.B. Hobbs, Matty married Washington Sherrill. Elizabeth married David Lockman. Jane married Wm P Little. Thomas Little died before Intestate leaving four children viz. Priscilla, Mary, Obedience, and Isaac. None of them are of age. J.W. Love is guardian of Priscilla, Isaac, ad Obedience, and Sherod Little is Guardian of Mary. William Little died before the death of Intestate leaving three children, named Patsy, James, and Elizabeth. Patsy is of age and is married to William Hager. James is of age. Elizabeth is not of age and has Hua Little as her Guardian. Polly died since the death of Intestate leaving five children by her first husband, Franklin Sherrill, one of whom died since the death of Intestate, named Frances, therefore leaving children as named. Martha, Pinkney, Jeptha, and Ann Eliza. Pinkney is of age. Martha is of age and is married to Fayette Wisham[?]. Jeptha and Ann Eliza are not of age and have Jesse Cornelius as their Guardian. Polly had one child by her last husband G.B. Hobbs named Mary. Jane died before the death of the Intestate leaving six children as follows. Robert, Jane, George, Rebecca, Alfred, Jenny. Neither of these are of age and Wm P Little is their Guardian. By Intestates second wife he had six children named Fanny, John, Alexander, Sarah, Rebecca, and Rachel. Said Alexander, [?] Rachel and Sarah died before Intestate leaving no children and neither having attained to full age. Fanny was married to Hugh Brotherton and died before the death of Intestate leaving one child named Elizabeth who is not of age and has her Father Hugh Brotherton as her Guardian. John is living and is not of age and has James J McCall as his Guardian. Thus closes the Genealogy of Intestate family as given by all the other parties. Having given the testimony as taken or the substance thereof, we beg leave to submit our report as to who are the heirs at law and next of kin of the late William Little Sr dec'd the Intestate Viz 1st The children of Thomas Little as follows. Priscilla, Mary, Obedience, and Isaac. J.W. Love is the Guardian of Priscilla, Obedience and Isaac, and Sherod Little is the Guardian of Mary and are entitled to one share of the real and one share of the Personal Estate. 2nd The children of William Little as follows. Patsy, James, and Elizabeth. Patsy is of age and is married to William Hager. James is of age. Elizabeth is not of age and has Hua Little as Guardian and are entitled to one share each of the real and Personal Estate. 3rd Obedience who is the wife of James H McCall and is entitled to one share of the personal and one of real Estate. 4th The children of Polly as follows. Frances, Martha, Pinkney, Jeptha, and Ann Eliza who were the children of the first husband F. Sherrill and Mary who was by her last husband G.B. Hobbs. Frances died since the Intestates death. Pinkney is of age. Martha is of age and married to Fayette Worsham. Jeptha and Ann Eliza are not of age and Jesse Cornelius is their Guardian. Mary is not of age and so far as we have been informed has no Guardian. * 5th Matty who is the wife of Washington Sherrill entitled to one share of Personal and one share of Real Estate. 6th Elizabeth who is the wife of David Lockman entitled to one share of the real and one of the Personal Estate. 7th The children of Jane as follows. Robert, Jane, George, Rebecca, Alfred, James. Neither of them are of age and William P. Little is their Father and Guardian. They are entitled to one share of the real and one of the personal estate. 8th Alfred Little is entitled to one share each of real and personal estate. 9th Elizabeth Brotherton the daughter of Fanny who married Hugh Brotherton and died before Intestate. Elizabeth Brotherton is not of age and has her Father Hugh Brotherton as her Guardian. Entitled to one share of the real and one of the personal estate. 10th John F Little who is of age and is defendant in this suit is entitled to one share of the personal and one share of the real Estate. 11th Rebecca Little who is not of age and has James H. McCall as her Guardian is entitled to one share of the real and one share of the personal Estate. The parties as stated above and named from 1 to 11 are either living or have left living children. Hua Little and Patsy Rankin having been born before the marriage of Intestate and his first wife we report that they are not heirs at Law, and thus not entitled. Signed Wm J Hoke C&ME * G.B. Hobbs married Polly and survives her, and is next of kin, and is entitled to one share of the Personal Estate in nigh of his wife and entitled to the interest of one share of the real Estate during life. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Jill L. Huter jhuter@nc.rr.com ___________________________________________________________________