MONTGOMERY COUNTY, NC - WILLS - Estate Records of Elias Morris - 1853 ==================================================================== 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Marshall Styles marshallstyles@yahoo.com ==================================================================== Estate records of Elias Morris (1805-1853) of Montgomery County, NC. The original records are in the North Carolina State Archives at Raleigh. Transcribed by Marshall L. Styles, marshallstyles@yahoo.com Elias Morris (parents unknown) was the husband of Sarah, maiden name unknown (1802- aft 1860). They lived in the East Pee Dee district of Montgomery County, and appeared in the 1840 and 1850 census records of the county. At least two of their sons, Zebedee William Morris and William C. Morris later relocated to Buncombe County, then to Madison County following the American Civil War. The estate settlement, which began in October 1853 and appeared to be finalized in 1856, did not reach final settlement until April 1904, following an appeal by their son Thomas Morris. On October 4, 1853, five weeks after the death of Elias Morris, one of his sons, Zebedee William Morris and his widow, Sarah Morris, and others not specifically named, petitioned the Court of Montgomery County as follows: "Know all men by these presents that we Sarah Morris and Zebedee Morris, Thomas C. Halton, Thomas Pemberton are held and firmly bound unto the State of North Carolina the sum of 4 hundred dollars current money to be paid to the State to which payment will and truly be made, we bind ourselves executors and administrators jointly and severally firmly by these presents sealed with our seals and dated this the 4 day of October AD 1853. "The Condition of the above obligation is such that if the above bounden Sarah & Zebedee Morris administrators of all and singular the goods and chattels, rights and credits, Elias Morris deceased, do make or cause to be made as true and perfect inventory of all and singular the goods and chattel rights and credits of the deceased which have or shall come to the hands, knowledge or possession of any person or person for and the same so made do exhibit or cause to be exhibited one attested copy thereof to the county court where orders of Administration..within ninety days after the date of these presents ...shall come into the possession of the said Sarah & Zebedee Morris or unto the hand or possession of any other person or persons.. do well and truly administer according to law and further do make or cause to be made a true and just account of his said administration within two years after the date of these presents and all the rest and residue of the said goods and chattels and credits which shall be found remaining upon the said administrators account (the same being first examined and allowed by the governor and council superior or county court.) "Shall deliver and pay unto such person or persons respectively as the same shall become due pursuant to the true intent and meaning of the act in that case made and provided, and if it shall appear that any Will or Testament was made by the deceased and the executor or executors therein do exhibit the same unto court, making a request to have it allowed and approved of according if the said Sarah and Zebedee Morris above bounden being required do render and deliver the said letters of administration (approbation of such testament being first had and made in the said court there these obligations to be void otherwise to remain in force and virtue.) Attest: Sarah x Morris, Zebedee Morris, Tho C Halton, Thos. Pemberton. Also on 4 Oct 1853: "To the worshipful, the Justices of the Court of Pleas and Quarter sessions of said county... The petition of Sarah Morris, widow of Elias Morris, humbly complaining, showeth unto yours: That Elias Morris, on or about the 30th day of August 1853, departed this life intestate, leaving your petitioner, his widow, unprovided for; that the said Elias Morris left a personal estate of some value, consisting of cattle, hogs, corn and other property, out of which your petitioner is entitled to one years maintenance according to law. She therefore prays your worships to appoint a Justice of the Peace and three freeholders..to wit the estate of her said deceased husband, and out of the crop, stock and provisions on hand, lay off and allot ..a comfortable support and maintenance for herself and family for one year; and if there be not sufficient on hand that they assess the value of the deficiency in money to be paid by the administrators .. one bed and its necessary furniture and one wheel and ..cards to be her absolute property, and put her in possession of same; and she further prays that your worships will make from time to time such others and further orders and decrees as to law and justice may ascertain. And your petitioner is in duty bound ever prays. On the petition being granted, the court appointed Nathaniel Knight, Justice of the Peace, and Turner Bruton, William Bruton and William Pool to lay off and allot the years support prayed for." On 8 October notice of public auction of the property of Elias Morris was posted by Zebedee and Sarah Morris. Over the next year several creditors applied to the court for payment of debts of Elias Morris. Each one was answered by Zebedee Morris "The defendant pleads fully administered & no assets in hand. Debts of a higher dignity." On 1 Nov 1853, T. Bruton, W. Bruton and W. Pool assign Sarah's one year support: "10 barrels of corn for bread, 5 barrels of corn to fatten hogs set apart for family, 10 bushels of wheat, 7 head of fattening hogs now in the pen, 1 small sow, the use of the cow now giving milk for 1 year, 1 bed and all its necessary furniture, 1 stand card material, 1 wheel for cards, 1 set cups & saucers, 1 set plates & knives & forks, 1 water pail, 1 wash tub, 1 pitcher, 1 oven, bread tray and server, coffee, milk, 50 lb sugar, 50 lb coffee, 5 gallons molasses, 1 lb each of pepper spice & ginger, 2 lbs soda, the cabbage growing & potatoes & turnips, 1 sack salt, 1 pine table." A 3 November 1853 list of items sold shows purchases by Elias' children, William C. Morris and Larkin A. Morris including a chest, pan, tumblers, looking glass, clock, gun, ax, side saddle, chairs, a gin, and items by neighbor Mary Morris. The most expensive item purchased by a neighbor - a bed and furniture - brought 97-1/2 cents. Zebedee signed the sale list and returned it to the court on 3 Jan 1854. In October 1855: "The petition of Sarah Morris widow of Elias Morris deceased would most respectfully show ...that her husband was seized in fee simple of a tract of land.. containing ..one hundred and twenty acres ..that she desires to have her dower in said land allotted to her ..one third part thereof including the dwelling house [commonly called the Mansion House] and all outhouses, buildings and improvements ...for the term of her natural life.." October 1855: "..Allot and of by metes and bounds Sarah Morris widow.. one third part of all ..one hundred and twenty acres on Little River adjoining the land of William Pool and others.. including the dwelling house in which her said husband accustomed to dwell most generally next before his death commonly called the Mansion House together with the offices and houses building and other improvements.. the first Monday in October AD 1855" Also: "...the intestate at the time of his death.. possessed ...a tract of land.. containing about one hundred and twenty acres of the value of one dollar per acre, that he owned no other real estate and that said land upon his death descended to his children to wit, your petitioners Zebedee Morris, Thomas Morris, William C. Morris, who are of age and Henry W. Morris and James D. Morris who are minors and without guardians, subject however to the dower of your petitioner Sarah Morris who is his widow. Your petitioners further show that a sale of the whole of said land subject to the widows dower is necessary to enable them to pay the debts of the intestate and the charges of administration ...and that the proceeds of the sale may constitute assets in their hand for the payment of debts and charges of administration. Signed Z.W. Morris" A separate petition is made in October by sons Larkin A. Morris, Henry W. Morris (x), James D. Morris (x), to sell Elias' real estate. The sale of the land is to be at public auction at the Troy court house within 40 days. On 18 October 1855 Sarah's dower was allotted by a committee of 12 "freeholders". On 15 November 1855 Sarah and Zebedee filed petition against Thomas Morris, one of Elias' children, to allow the sale of land for payment of the estate debts. Apparently Thomas was unwilling to sell his father's property. The remaining 80 +/- acres were sold to Jacob Lassiter for $39.50, and the record being acknowledged in court January 1856. "It is further ordered adjudged and decreed that the said Sarah Morris and Zebedee Morris proceed ..and to apply the proceeds to the payment of such debts and charges of administration as the personal estate may have been insufficient to his charge and he is to report to this court any surplus which may remain in his hands after the payment of the same to the end that the said surplus may be applied under the direction of this court for the benefit of the heirs of the deceased.." 10 August 1856: "To the Sheriff of Montgomery County, Greetings: We command you, that the Goods and Chattels, Lands and Tenements of Zebedee Morris, Wm C Morris & others if to be found in your County, you cause to be made the sum of Six Dollars and five cents ...for cost and charges in the said suit expended, whereof the said Zebedee Morris, Wm C Morris & other heirs at law of Elias Morris duly liable, as appears to us of record: And you have the said moneys, besides your fees for this service, before our said Court, at Troy ..on the first Monday in October next, then and there to render the said costs and charges aforesaid. Herein fail not, and have you then and there this Writ. Signed John M. Lerman" In October 1856 a receipt was written to Zebedee and William C. Morris by the clerk of court for $6.05, thereby ending this phase of the settlement of the estate of Elias Morris of Montgomery County, NC. The above information was extracted from the estate records of Elias Morris preserved in the North Carolina Division of Archives and History, Raleigh. The signatures of Zebedee Morris have been compared to his signature on a pension application for his Civil War service and found to be the same. Forty four years later the issue of Elias Morris' estate was re-opened. Thomas Morris, son of Elias and Sarah Morris, and brother of Zebedee, was unwilling to sell their fathers' land for settlement of estate debts in 1855. Nevertheless, the sale took place, and included his mother Sarah's one-thirds dower for the payment of debts of the estate. Down through the next 44 years, 180-1/2 acres known as the "Morris Tract" had been sold off, which included Elias' 123 acres, except 7-1/2 acres that belonged to William C. Morris, another son of Elias. On 15 February 1857 William C. Morris sold the 7-1/2 acres to W.A. Jordan, who sold the 7-1/2 acres to R.M. McIntyre on 7 January 1874 who sold 7-1/2 acres to W.E. Shomburger on 1 August 1899. On 7 January 1862 D.D. DeBerry sells to Calvin H. Rush "123 acres except 7-1/2 acres". Some confusion occurs when Calvin H. Rush sells "123 acres" to Wm Butler on the same date (7 Jan 1862). William Butler's estate executor Neil Gilles sells 123 acres to K.M. McIntyre on 3 December 1874. So, the 7-1/2 acres has been sold twice - once as a separate parcel, and once included in the 123. In 1900 the estate of Elias Morris again went to court when A.W.E. Capel of Capelsie Cotton Mills (who also co-founded the Candor Fruit Company, Candor NC) purchased 240-1/2 acres, including Elias' original 123 acres and William C. Morris' 7-1/2 acres. On 6 November 1900 Thomas files a petition in the Superior Court of Montgomery County NC to "Sue as a Pauper" against The Capelsie Cotton Mills. "State of North Carolina, Montgomery County Superior Court. Upon filing the within certificate and affidavit Thomas C. Morris is authorized to sue as a pauper in Thos F. Morris v The Capelsie Cotton Mills. Signed C.A. Armstrong, Clerk Superior Court." Thus begins a four year legal battle. The next record is 15 May 1902, two years after the pauper petition is approved. "Thomas F. Morris et al Plaintiffs vs The Capelsie Cotton Mills Defendant. Thomas F. Morris one of the plaintiffs after being duly sworn says that they are wholly unable to give the land up and by law to prosecute their suit as to ..mortgage, or make the deposit with the Clerk of the Court as required by Law. He therefore asks that they be allowed to sue, informed paupers, as required by statute. Signed Jno M. Cook, Clerk Superior Court, Cabarrus County NC." Fall Term, 15 May 1902: "Thomas F. Morris et al Plaintiffs vs The Capelsie Cotton Mills Defendant. Thomas F. Morris one of the plaintiffs complains and alleges, I. That Elias Morris died in the County of Montgomery ..on or about the year AD 1850 seized and possessed in fee simple of two certain tracts or parcels of land lying and being in the County of Montgomery and State of North Carolina on the waters of Little River.. containing 123 acres except the 7-1/2 acres deeded to W.A. Jordan by William Morris which is the second tract.. on the banks of the River down various courses.. containing 7-1/2 acres more or less. II. The Plaintiffs allege that they are the owners.. of the aforesaid tracts of land by virtue of a deed executed by Lackey Simmons to Elias Morris, which deed is lost, mislaid, or was burnt up in the Court House of Montgomery County at Lawrenceville." [Note: The Sheriff of Montgomery County was caught embezzling funds from the county. Before he could be apprehended, he set fire to the courthouse, destroying all the records, and fled the State.] III. That Thomas F. Morris, one of the plaintiffs, is the son and one of the heirs at law of Elias Morris and that Ellis Morris who is a minor under the age of 21 years, the son of ZEBEDEE MORRIS deceased, and the grandson of Elias Morris are the only heirs at law of Elias Morris so far as the plaintiffs know. [Note: there were, at that time, however, five surviving children of Zebedee Morris. Zebedee, a disabled Confederate Veteran died in Madison County, 1895. Why Thomas chose to only mention Ellis is not known.] IV. That at the death of Elias Morris, the lands described as aforesaid descended to the plaintiffs who are the owners and entitled to the immediate possession thereof. V. That the defendant is in the possession of the lands, and wrongfully withholds the possession of the same. Wherefore the plaintiffs demand for judgment: 1. For the possession of the aforesaid premises. 2. For the sum of One Thousand Dollars damage. 3. For the costs of this action and such other and further relief as the court may deem mete and proper. Signed Thos F. Morris" The case is to be heard during September 1902 by Montgomery County Superior Court in Troy. On 26 November Capelsie Cotton Mills admits possession of the disputed lands, but denies any unlawful withholding of the lands, and knows of no basis for claims against the Mill. The court orders Thomas Morris to "make and file a survey within twenty days.. and to pay the costs of the same. N.M. Thayer will execute this order." The survey was completed 6 May 1903, and shows that the factory and a store are located outside the boundaries of the 7-1/2 acre tract, but on the adjoining tract. Thayer submits another survey on 5 June 1903. On 23 March 1904 the court issues an order for Mary Breuer, widow of Larkin Breuer to give a deposition, which takes place in the town of Candor: "How old are you?" - "Eighty years old" - Do you know the place where the Capelsie Cotton Mills is situated?" - "Yes" - "Do you know of your own knowledge who lived there when you first knew the place?" - "Brother Sam Blake lived there then" - "Do you know who lived there after Sam Blake left there?" - "Elias Morris lived there" - Do You know where Elias Morris and his wife was buried?" - "No, but I think they had a daughter buried at the Capelsie Mill place." - "From Common reputation do you know where Elias Morris died?" - "HE DIED AT THE MORRIS PLACE" - "Is that the place WHERE THE CAPELSIE COTTON MILLS NOW IS?" - "Yes" Signed Mary Breuer. Subpoenas were issued to C.C. Wage, Milas Henley, W.A. Morris (probably the next door neighbor of Elias Morris noted in the 1850 Montgomery County census), N.M. Thayer, and others to be witnesses in court in Troy. The subpoenas were all served, "except Milas Henley, he is not in Montgomery County." 9 Apr 1904 Subpoena issued to Milas Henley in Davidson County NC, and served 18 April 1904. 20 April 1904, Superior Court: "Thomas F. Morris the plaintiff in the above entitled cause being duly sworn deposes and says that he cannot come safely to trial.. without the benefit of the testimony of Milas Henley who is a material witness in the trial of this cause and that the said Milas Henley has been duly subpoenaed and said subpoena has been duly returned to this court as served upon said witness by the Sheriff of Davidson County and that the said witness is not absent by his consent or procurement and that your affiant effects to prove by said witness, that Elias Morris, the father of the plaintiff in this cause and those under whom he claims had the actual possession of the lands in controversy up to certain known and visible boundaries for that years which lines and boundaries he knows of his own knowledge and that he knows that the said Elias Morris lived and died and was buried there and that he knows that the wife of Elias Morris, the mother of said plaintiff lived died and was buried upon said lands beside her husband. And your affiant further swears that he does not believe that he can prove all of the above material facts by any other witness. And your affiant further makes oath that this affidavit is not made for the purpose of delay, nor is it made for the purpose of hindering the process of this Honorable Court, but for the purpose of having a fair trial. Signed Thomas F. Morris" 20 April 1904: "This cause coming on to be tried before His Honor O.H. Allen, Judge, and a jury at April Term 1904 of Montgomery Superior Court, and the court having sustained a motion made by the defendant at the close of the evidence offered by the plaintiffs, to dismiss the action or non-suit.. it is therefore considered and adjudged that the action be dismissed under the statute. Signed O.H. Allen, Judge Presiding." One can only speculate why Thomas Morris' key witness, Milas Henley did not answer the summons to court - and to the questionable statements in court that Henley "is not absent by his consent or procurement.." Was he 'bought off' by Capelsie Cotton Mills?