Northampton County, NC - A.J. Harrell vs George & Rebecca Blythe, others ~~~~~~~~~~~~~~~~~~ North Carolina Superior Court Northampton County A. J. Harrell, executor of James McDaniel against George Blythe and Rebecca Blythe, his wife and others Lavinia Bolton, being first duly sworn, deposes and says; That she is seventy two years old and knew the late James McDaniel well, he was her uncle, she visited him often and would frequently stay with him a week at the time prior to her marriage. That she recollects that her said uncle made good crops and had corn and meat for sale nearly every year. That she recollects hearing her said uncle tell M. F. Joyner that he was going to will him a piece of land at his death and also heard him tell Lucinda, Matilda and Aremonia that he was going to set them free when he died. That she remembers well when her said uncle died, stayed at his house the night he lay a corpse, it was late in the spring or early in the summer of 1859, that she attended the funeral and after the funeral went back to her uncle's house and heard A. J. Harrell read his will. That she knows that her said uncle did not waste his money, he would drink some whiskey, but that only cost 12 1/2 cts per quart, he wore home made clothes and did practically all his trading with A. J. Harrell. Knows that A. J. Harrell bought a negro slave named Mary from her uncle one or two years before his death and heard that Harrell and her uncle had a settlement at that time and that Harrell owed her uncle a balance of $500.00 for said slave. Does not believe that her uncle was in debt when he died. Remembers that her husband, the late James Bolton, went to sale of James McDaniel's personal property by Harrell his executor. Heard him say on his return that sale of personal property amounted to about one thousand dollars. That she knows that the slaves Julia and Peggy were hired out one year by Harrell, executor, and then sold. Her husband bought Peggy and Isaac Outland bought Julia. They sold for $1000.00. Elliot and Clifton were hired out by A. J. Harrell, executor, until they ran away during the war. That Matilda was hired by said Harrell to Turner Baugham for one or two years and Lucinda was hired to J. H. Griffin first and then to Isaac Outland by said Harrell, executor, said Lucinda made an attempt to run away during the war and get within the Yankee lines and was caught and put first in jail in Jackson. That she remembers well when her husband attended the sale of the East end of the Marsh tract of land in controversy in this action. He bought it for $125.00. He told her that someone would come around in a day or two after the sale with some papers for her to sign and in one or two days A. J. Harrell came around and asked her to sign some papers and she would not sign and he came once or twice more before she did sign them. She did not read the papers nor did Harrell or anyone else read them to her. She thinks they were concerning the sale of the land in controversy. She remembered telling her husband in Harrell's presence that if her uncle's land was to be sold for nothing, it looked to her like they had just as well have it as anybody else. The piece of land in controversy to wit said East end of the Marsh tract was well worth $350.00 or $400.00 at the time it was sold by A. J. Harrell, executor. Sworn to and subscribed before me this 15 day Louvena Bolton of April 1905 Isaac Carter Notary Public North Carolina Northampton County In the Superior Court A. J. Harrell, Executor of James McDaniel Against George Blythe and Rebecca Blythe his wife and others Defendants Lucinda Taylor, being first duly sworn, deposes and says: I am about 52 years old and now live in Hertford County N. C. I was a slave and belonged to James McDaniel of Northampton County before the war and until his death. Peggy was my mother. She belonged to James McDaniel too and was sold. I was not sold and I was never carried to any free state of the United States outside of North Carolina by Mr. A. J. Harrell, nor by any other person for him. I recollect hearing my mother say that Mr. Harrell told her if she did not get her children away that he would sell them and my mother was very much frightened about it. About 15 or 20 years ago Mr. James Bolton wrote me and my sister that he would give us fifty dollars for our interest in James McDaniel's Estate. We did not take the offer, and have never received anything from the Estate. I did not go away. I was hired out twice by Mr. A. J. Harrell - one year to Mr. J. H. Griffin, and one year to Isaac Outland. I ran away from Outland - and after Harrell made the threat of selling us, I tried to keep out of Mr. Harrell's way. I was in a company of slaves that were running away, and we were captured in Hertford County near Meherrin River. We were put in Jail at Jackson and Mr. Harrell had me turned out of jail and gave me a paper showing that I was free. All of this happened after I had been hired out by Mr. A. J. Harrell, as before stated. I am the person named Lucinda who is mentioned by that name in the will of James McDaniel. her Lucinda X Taylor mark Sworn to and subscribed to before me this 15 day of April 1905 Isaac Carter Notary Public North Carolina - Northampton County Superior Court. A. J. Harrell Executor of James McDaniel Against George Blythe and his wife Rebecca Blythe & others Defendants Aremonia Brown, being duly first sworn, deposes and says: I am about Fifty years old, and live now in Hertford County N. C. I recolect when I staid with my mother at Mr. James Bolton's. I remember well when I left my mother. I know Bolton furnished my mother with provisions to cook up for me and my sister Matilda where we were carried away by Issac Wiggins. We went below Elizabeth City Pasquotank County N. C. during the war. I knew Jas Bolton wrote me and my sister Lucenda that he could give us fifty dollars for the intrest in the James McDaniel Estate. I belonged to James McDaniel before the war, and until his death. My mother was named Peggy, and she and I are both the same persons referred to under our names in the will of James McDaniel. I have never received anything from the Estate of James McDaniel, or from the Executor Mr. Harrell - I did not accept Mr. Jas. Bolton's offer. Aremonia Brown Sworn to before us this 15 day of April 1905. Isaac Carter Notary Public North Carolina In the Superior Court Northampton County A. J. Harrell Executor of James McDaniel vs Heirs-at-Law, and devisees and Legatees of James McDaniel J. H. Futrell being sworn says- That my first wife Martha Futrell is the same Martha Futrell mentioned in the Will of said James McDaniel. She was the daughter of said McDaniel. Where the lands of said McDaniel were sold in 1867 by A. J. Harrell Executor aforesaid I was living with my wife at the Home Place. I remember the day of sale very well. I was worried about the sale. On the morning of the sale day I went down to my new ground field lying between the House field of the Home Place and the Marsh tract. I went home to dinner and after eating dinner I went back to the new ground. About two or three o'clock P. M. after I had gotten back to the new ground & was working. A. J. Harrell, Council Vick and James Bolton passed along near where I was working. Mr. Harrell stopped & talked to me & told me that he had sold the Home Place where I was living and that they were here on their way to sell the East end of the Marsh tract and asked me to go with them. I refused to go. They went on towards the Marsh land walking. I did not see them again that day. The Marsh land was there about two or more miles from any public road, but there were severel paths leading to the Marsh land from different directions. I did not see Mr. John Benthall that day. Mr. McDaniel did not improve the Marsh land or pay much attention to it in his latter days. The War came on the land like most other land went down in value, was unplanted, ditches grew up and fences and buildings became rotten and decayed. In the condition of the land in 1867 and the unsettled condition of the country growing out of the war I think the land sold for $125.00. I am now about 77 years old. I now live in about five miles of the Marsh land. At the time of the sale above mentioned Mr. Geo. Blythe & wife lived on the West end of the Marsh land. At the time of the sale of the East end of Marsh land Mr. John Benthall & I were not friends and did not visit each other. James Bolton lived about 2 1/2 to 3 miles from the land. I don't think Mrs. James Bolton knew anything of her own knowledge about the value of the Marsh land - east end. his J. H. X Futrell mark Sworn & subscribed to before me at the residence of the affiant in Northampton Co, N. C. in presence of B. B. Winborne This July 6 1905. John Blader Notary Public North Carolina: In the Superior Court. Northampton County.: A. J. Harrell, Executor of James McDaniel, vs. George Blythe and wife Rebecca, and others. J. H. Futrell being duly sworn says:- That I am about 77 years old and have resided in Northampton County for about 75 years, and have known the "East end of the Marsh tract of land in Northampton County, owned by Jas. McDaniel at his death for about 50 years. I remember well when it was sold in 1867 by A. J. Harrell Executor of Jas. McDaniel. It was then in very bad condition. The ditches were filled up, the fences were down and rotton, and some very cheap and partially decayed log building or two on the place. The land was grown up in bushes and briars except a small patch around the house and in 1867 about the time it was sold by said Harrell, $125.00 was a fair price and full value for same. That this land has been greatly improved since it has been owned by Mr. Cornelius Futrell, and is of much greater value than it was in 1867 as I am informed & believe. I am the Henry Futrell who married Marth Futrell, mentioned in the Will of said McDaniel. I remember well the suit of Harrell Executor of McDaniel to make assets. The East end of the Marsh tract was part of the land he petitioned to the Court to sell and was sold by him under the order of the Court. The Clerk of the Court, N. R. Odom, was made guardian by the Court to represent M. F. Joyner and Jas. E. Bryant, the only infant defendants. I did not attend the sale of the "East end of the Marsh tract" as I was not in good humor about the matter. I was then living on the McDaniel home place, which was very near the said Marsh land. James Bolton told me that he bought the East end of the Marsh land on the day it was sold, and I understood from him that he afterwards signed his bid to Godwin M. Powell. J. H. Futrell North Carolina Northampton County In the Superior Court A. J. Harrell Executor of James McDaniel vs. George Blythe and Rebecca Blythe his wife and others. We the undersigned, each being duly sworn, for himself doth depose and say That he knew well the land in controversy in this proceeding to wit, the said east End of James McDaniels Marsh tract and that he knew the value od said land prior to the year 1867 and at the time of its sale by A. J. Harrell as executor to James McDaniel. That one hundred twenty five dollars was not a fair price for said land when it was sold by Harrell executor as aforesaid and that it was then well worth the sum of at least three hundred dollars. Robert McDaniel his Stephen X McDaniel mark Sworn to and subscribed to before me this 15 day of April 1905. Isaac Carter Notary Public James McDaniel Matter Administration The State of North Carolina In the Superior Court Northampton County. In the matter of the Administration Before of the Estate J. T. Flythe C.C.C. James McDaniel, Decd. B. B. Winborne being sworn, doth say: That James McDaniel late of said County, is dead leaving a Will and Testament and that A. J. Harrell the executor therein named is dead and that James A. Worrell is entitled to Letters of Administration d. b. n. c. s. a. on the estate of the said James McDaniel. Further, that the value of said Estate, so far as can be ascertained at the date of this application, is about one cent and, that a suit is now pending in the Superior Court of Northampton County, N. C. and it is necessary to an administration of said James McDaniel a party to said suit to have the matter therein finally determined. Sworn and subscribed before B. B. Winborne me, this 27 day of June 1905 J. T. Flythe C. C. C. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Harvey Harrison ___________________________________________________________________