ROCKINGHAM COUNTY, NC - WILLS - 1864 probate of William Canady ==================================================================== 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. This file was contributed for use in the USGenWeb Archives by: Lin Van Buren veeb@globalnet.co.uk ==================================================================== PROBATE of William CANADAY deceased, intestate, of Rockingham Co NC, 1864 State of North Carolina Rockingham County Court of Pleas & Quarter Sessions August Term 1864 to the worshipful the Justice of said County The petition of Nathan Canaday Administrator of Wm Canaday respectfully showeth to your Worship that he qualified as Administrator at [the] August Court 1862 of the said Wm Canaday. Your petitioner further showeth from the best information he can obtain that debts due from the estate amount to between six and seven hundred dollars including the amt allotted the widow as her years allowance [and] that to this is to be added the cost of administration. Your petitioner further showeth that the personal estate to the best of his knowledge will not exceed three hundred dollars. Your petitioner further showeth that the intestate at the time of his death was seized and possessed of a tract of land in the County adjoining lands of Ro B Wats, Absalom Canaday & others & containing 114 acres or thereabouts which is very thin common land; that he owned no other real estate; that said land upon his death descended to his children & grandchildren, to wit, Absalom Canady, Joseph Canady, Sarah J. Cobb and the following grandchildren: Wm C. Rice who resides beyond the limits of this state & Jas W. Saunders & Robt Saunders of full age & Jno S., Stephen, Nancy J. & Hassel Saunders who are minors under the age of twenty-one years and Nathan Canady your petitioner. Subject however to the dower of Elizabeth Cannady the widow of intestate which has already been allotted to her, your petitioner therefore represents that a sale of the whole land, subject to the widow's dower, will be necessary to pay the debts & costs of Administration. To this end therefore that the said land may be sold subject to the dower on such terms as your Worship may direct by your petitioner and that the proceeds of the sale may be assets in his hands for the payment of debts & costs of Administration. May it please your Worship to cause a subpoena with a copy of this petition to be issued to the said Absalom Canady, Joseph Canady, Sarah J. Cobb, Jas W. Saunders & Robt Saunders; that advertisement be made in the Greensboro Patriot for Wm C. Rice the non- resident; that the Clerk W. M. Ellington be appointed Guardian pendente lite of the minors J. S. Saunders, Stephen Saunders, Nancy J. Saunders & Hassel Saunders commanding them to be and appear at the next term of this court to be held at Wentworth the 4th Monday in Nov. to answer said petition & show cause if any they can why a sale shall not be had -- and as in duty your petitioner most ever pray Ro B Wats Sol for Petitioner Subscribed & sworn to in open Court August 22nd 1864 W. M. Ellington Clk Nathan Canaday Admr [A jury of 12 men had laid off the widow's dower of Elizabeth CANADY on 21 May 1863, in the amount of 37¼ acres including the mansion house. The remainder of the land, 108 acres, was eventually sold by Nathan Cannady Admr at public auction on the premises "after due advertisement according to Law" in 1867; the highest bidder was Nathan Cannady himself, who paid $536 for it. This land descended from the unmarried and childless 73-year-old Nathan Canady to his nephew John William Cobb (1856-1937) in the following deed, which is in effect a "living will":] Rockingham Co NC Deed Book 132 pages 54-55: J. W. Cobb From Nathan Canady State of North Carolina } Rockingham County } This Deed Made this 12 day of June 1901, by Nathan Canady of Rockingham County and State of North Carolina of the first part, to J. W. Cobb of Rockingham County State of North Carolina of the second part. Witnesseth That said Nathan Canady in consideration of Three hundred & fifty Dollars to him paid by J. W. Cobb the receipt of which is hereby acknowledged, has bargained and sold and [by] these presents doth bargain, sell and convey to said J. W. Cobb and his heirs all the right, title, interest and estate of the party of the first [part] in and to two tracts of land in Rockingham County, State of North Carolina adjoining the lands of _______ [this blank is in the original] and others bounded as follows, Viz: Tract No. 1 as follows Beginning at a Dogwood on the bank of the branch thence East with Mary Sanders now A Canady's line, 138 poles to a Rock, thence South 40 poles to another Rock, thence East 4 poles to a G--- [looks like Gueb], thence South 53 poles to a rock, thence West 9 poles to a stump, John Canady's now Wm L. Walker's corner, thence South 13 ° East 22 poles to a stone, thence West along Cobb's now A Canady's line, 122 poles to a Rock thence with Paschal's now _____ [this blank is in the original] line, North 5 ° East 52 poles to a Hickory, thence West 21 poles to a dead white oak, thence North with Watt's line 66 poles to the first station containing 96 acres & 94 [square] poles more or less. Tract No. 2 Bounded as follows - Beginning at a white oak, [the next three words are underscored] Evans now Bowmans corner thence West with that line 35 poles to a Post Oak corner with R. B. Watts, thence with his line North 58 poles to a large White Oak crossing one branch of Hogans Creek thence East 35 poles to a G--- [again, looks like Gueb],thence South 58 poles to the first Station, containing by estimation 12½ acres, more or less. As a part of the consideration, the said J. W. Cobb binds himself to furnish Nathan Canady & his [John William Cobb's] mother Sarah J. Cobb a Dwelling House & Kitchen on this land during their natural lives. To Have and to Hold the aforesaid tracts of land and all privileges and appurtenances thereto belonging, to the said J. W. Cobb his heirs and assigns, to his only use and behoof forever, and the said Nathan Canady covenants that he is seized of said primises in fee and has right to convey the same in fee simple: that the same are free and clear from all incumbrances, and that he will warrant and defend the said title to the same against the claims of all persons whatsoever. In Testimony Whereof, The said Nathan Canady has hereunto set his hand and seal, the day and year above written his Nathan X Canady {Seal} mark Attest - - - - Revenue Stamp attached 50 ¢ State of North Carolina } Rockingham County } I W. C. Staples Justice of the Peace do hereby certify that Nathan Canady personally appeared before me this day and acknowledged the due execution of the within deed of conveyance, Witness my hand and private Seal, this 12 day of June A. D. 1901 W. P. Staples J. P. [Seal] State of North Carolina } Rockingham County } The foregoing certificate of W. C. Staples a Justice of the Peace of said County is adjudged to be in due form and according to law. Therefore, let the Instrument with the certificates be registered. This 1st day of July 1901 W. B. Wilson Dep Clerk Superior Court Filed for registration at 4:30 o'clock P. M. July 1st 1901 J. A. Scales R. D.