YANCEY COUNTY, NC - WILLS - The Estate Records of Calvin J. Edney
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The Estate Records of Calvin J. Edney – Yancey and Henderson Counties, NC
A son of the Reverend Asa and Sarah Mills Edney
Born 1803, died 1862

Transcribed and submitted by Marshall L. Styles, marshallstyles@yahoo.com

Calvin J. Edney was born in Buncombe County (present day Edneyville, Henderson
County); relocated to Yancey County, where he married Lucinda Wilson, daughter
of Edward Wilson and Mary Gilbert. His wife died in 1858, Yancey County.
Calvin died in 1862, while returning home from the Civil War. He got as far as
his home in Edneyville, where he died. Since he died  in Henderson County, the
estate was probated there. His death left eleven motherless / fatherless
orphans to be taken care of on Jacks Creek, Yancey County, in the homes of the
deceased mother's family members.

1862

On or about 6/20/1862, 58-year old Calvin J. Edney died while walking home
from Greenville SC to Burnsville, Yancey County, after having been discharged
from the Edney Greys, a regiment in the Confederate Army, on 19 June 1862. It
was on that date that he affixed his signature to a voucher in settlement of
his final pay and allowances, giving a date when he was last known to have
been alive..

10/7/1862: "State of North Carolina, Henderson County. Know all men by these
presents, that we, Richard Toliver Lewis and Rufus Edney are held and firmly
bound unto the State of North Carolina in the sum of One Thousand Dollars,
current money [which at that time was either Confederate currency or monies
issued by the state of North Carolina], to be paid to the State. To the which
payment well and truly made, we bind ourselves, our heirs, executors and
administrators, jointly and severally, firmly by these presents -- Sealed with
our seals, and dated this 7th day of October 1862. The condition of the above
obligation is such, that if the above bounded R. Toliver Lewis administrator
of all and singular the goods and chattels, rights and credits of Calvin
Edney, deceased, do make, or cause to be made a true and perfect inventory...
{signed} R.T.F. Lewis, Rufus Edney."

None of the records in Calvin's estate file indicate what belongings he had
within Henderson County, other than 150 acres of land on Clear Creek, and
ninety dollars Military Severance Pay from the Confederacy.

10/8/1862: "State of North Carolina, Henderson County. By the Justices, County
Court of Pleas and Quarter Sessions, for County of Henderson.  It being
certified to us, that Calvin Edney late of Henderson County, in this State,
died having made no Last Will and Testament in writing, and that R. Toliver
Lewis having made application to this court for, and obtained Administration
upon, the deceased's estate, and also entered into bond and security as the
law in such cases provides, in the sum of One Thousand Dollars.  These are
therefore to empower R. Toliver Lewis to... exhibit and inventory according to
law, and all the just debts of the deceased to pay, and distribute as law in
such case provides; 8th day of October 1862." 

His debts included a note to a Mr. Ledbetter for $5.55 net, dated 30 April
1859, and recorded 11 May 1859 in Henderson County, witnessed by Justice of
the Peace T.W. Taylor and signed by Calvin Edney. Also, a note for $5.55 to T
.M. Motts (?) dated 5 January 1859. Another note, this one to Rufus Edney, for
$60.67, with interest from 1 January 1860.  A judgment was issued against
Calvin, in his absence while on military duty, on 15 April 1862 for the note,
which was paid to Rufus by R. Toliver Lewis from the estate on 2 January 1863.

12/22/1862: A lien is placed on 50 acres of Calvin's land holdings on Clear
Creek. "For the want of personalty, levied the within judgment & execution on
50 acres, more or less, of land belonging to the principal debt, lying on
Clear Creek joining lands with Garron, Alex Merrell & others, 22 December
1862, Jno C. Allen, Constable"  "Judgment & order of sale to issue. Jany 2nd
1863, Henry Farmer"

A note for two dollars to W.D. Whitted on 4 April 1861 was settled on 8 March
1864. 

1869

8/2/1869: "North Carolina, Henderson County}} Before the Judge of Probate of
said County. To the honorable Judge of Probate, The Petition of R.T. Lewis,
Administrator of Calvin Edney, dec'd, respectfully showeth that he qualified
as administrator of the said Calvin Edney at October Term 1862 of the Court of
Pleas and Quarter Sessions for said County. Your petitioner further showeth
that from the best information and knowledge which he has been able to obtain,
the debts due from the deceased amounts to one thousand or more dollars, and
he believes the charges of Administration will amount to forty dollars or
more.

"Your petitioner further showeth that the personal estate of the deceased
according to the best of his information was worth nothing except about eighty
dollars in Confederate money which came into his hands in ‘62 or ‘63 and
proved worthless. Your petitioner further showeth that at the time of his
death the deceased was seized and possessed in fee simple of one-third part of
a tract of land lying on the waters of Clear Creek in Henderson County
adjoining lands of M.M. Edney and others, containing one hundred and fifty
acres more or less worth about one thousand dollars and that he had no other
real estate. At his death it descended to his children William Edney, Wilson
Edney, William Evans & wife Mary, Rabbie Angland & wife Catherine, George Byrd
and wife, Marion Bradley and wife Louisa, George N. Edney, James Edney,
Napoleon Edney, Lucinda Edney.

"Your petitioner further showeth that a sale of the whole interest of the
deceased in said lands is necessary to enable him to pay the debts of the
deceased and the charges of administration.

"To the end therefore that the said interest in the tract of land may be sold
by your petitioner under a decree upon such terms as the court may direct, and
that the proceeds of sale may constitute assets in his hands for the payment
of debts and charges of administration. May it please your Honor to cause a
subpoiena with a copy of this petition to be issued against the said
defedants, commanding them to appear before the Judge of Probate of Henderson
County on the 17th day of Sept 1869 to show cause, if any they have, why the
praayer of the petitioner shall not be granted. And your petitioner will ever
pray. {signed} S.J. Pickens, Atty for Petitioner. Subscribed to this the 2nd
day of Aug 1869 {signed} Richard T. Lewis, Adm. Sworn to and subscribed to
before me this 2nd day of Aug 1869 {signed} C.M. Pace, Probate Judge."
Endorsed:

"On motion of Plaintiffs counsel it is ordered that he be allowed to amend so
as to bring the action before the Clerk of the Superior Court instead of the
Judge of Probate. {signed} C.M. Pace, Superior Court Clerk, Henderson County.
November 12th 1869."

8/2/1869: Henderson County Probate Judge, C.M. Pace, issues an order:  "To the
Sheriff of Yancey County, Greetings: Whereas R.T. Lewis has filed a petition
in the Court of Probate of this county against William Edney, Wilson Edney,
William Evans and wife Mary, Raborn Angland and wife Catherine, George Byrd
and wife Amanda, Philip Marion Bradley and wife Martha Louisa, George N.
Edney, James Edney, Napoleon Edney and Lucinda Edney, heirs at law of Calvin
Edney, deceased, for the sale of lands to pay the debts of the deceased. You
are hereby commanded that you make known to the said ... heirs at law of the
deceased, that they be and appear before the Judge of Probate for Henderson
County at the Court House in Hendersonville on the 17th day of September 1869,
then and there to plead answer or denial to plaintiffs' petition, or the
petition will be granted, and the land sold. Issued this 2nd day of August
1869."  Yancey County sheriff W.E. Proffitt signed the reverse of Judge Pace's
order on 13 August 1869, "Executed by delivering a copy of petition to all of
the within named party."

Calvin's son, former Confederate States Army Lieutenant, William Jasper Edney
took up the banner for the family cause in an attempt to retain their father's
land in the hands of his children. "Answer to petition asking to make sale -
estate assets. The separate answer of W.J. Edney, Wilson Edney, Wm. Evans &
wife Mary, Raborn Anglin & wife Catherine, George Byrd & wife Amanda, Marion
Bradley & wife Martha, George N. Edney, James Edney, Napoleon Edney, Jane &
Lucinda Edney, the last two being minors, through their guardian William
Evans, sayeth:

"I.  That according to the homestead provision of the Constitution, and
personal exemption, provide by the same, none but four classes of debts are
excepted from the benefits of its provisions -- 1st, those for the purchase of
said homestead;  2nd, those for work and labor  done for its owner on the
premises as may constitute a laborers' lien.  3rd - those for such labor done
or may constitute a mechanic's lien, and 4th, those for taxes accruing on the
houses and the lands ascribed in the petition are not obnoxious to any of the
above enumerated exceptions.

"II.  That defendants own no other real estate than is prayed to be converted,
and therefore their only chance for a homestead is in these lands as
described.

"III. That according to Art. 10, Sec 3, State Constitution, "The homestead
after the death of the owner thereof shall be exempt from the payment of any
debts during the minority of his children or any one of them," and these lands
embrace the homestead of the intestate; and the last mentioned defendants,
viz; Jane & Lucinda Edney, are minors. Wherefore the defendants pray that the
petition of the administrator asking to make sale of estate assets be
dismissed at the cost of the petitioner. Hyman & Osborne, Attorney for
Defendants. {signed} W.J. Edney [no day/month] 1869.

9/24/1869: Toliver Lewis filed a petition, naming Calvin's son, William Edney,
et al, as defendants, as an answer to the complaint; much of it illegible. 
I've done my best to formulate a transcription. "R.T. Lewis, Admr, against Wm.
Edney, et al. The petitioner claims that the answer of the defendants for the
insufficiency in not stating facts sufficient to constitute a defense. 

"1st - The homeland cannot come in question in this proceeding until the
possession of property is interfered with. 2nd - It does not appear from the
answer that the intestate had a homeland. Upon the contrary as appears in
Petition and met his demise, he died long before the date of the present
constitution under which they claim. [This obviously refers to the new state
constitution of North Carolina drawn up after the end of hostilities in the
War Between the States.]  3rd - The answer does not give the ages of any
minors.  4th - [not legible, but makes mention of "another county," which
appears to be Yancey]. {signed} __?__, Attorney for the petitioner"  Upon
which, the defendants, Wm. Edney, et al, apply to the court for a hearing.

9/24/1869: "R.T. Lewis, Admr against Wm. Edney et al, Application for a
Hearing. To the Honorable J.L. Henry, Judge of the 11th Judicial District -
The undersigned counsel for the defendants in the above entitled cause would
respectfully suggest that they desire to Argue the said cause before your
Honor or some other Judge learned in the law, and insist that your Honor will
set the case for hearing at Hendersonville the 25th day of October 1869 as it
will not be practicable for the counsel to attend at any other time or place.
We would respectfully ask that should your Honor decide upon the case sooner
that we have notice thereof that we may prepare our argument for defense. Sept
24th 1869 - Hyman & Osborn, Attorneys for Defendant."

9/25/1869:  "R.T. Lewis, Admr, vs. Heirs of Calvin Edney. In the Court of
Probate 2 August 1869, petition was filed & came to sell real estate.

"Hendersonville, NC, September 25th 1869. Honorable J. L. Henry. Dear Sir: In
..., I send you the papers in the above entitled case for your decisions,
being of the opinion that the Clerk of Court has no right to decide in the
case. Yours Respectfully, C.M. Pace, Henderson County Court, Judge of Probate
."

9/27/1869: "Superior Court, Eleventh District of North Carolina. Henderson
County Fall Term, At Chambers. R.T. Lewis, Admr, against Heirs at Law of
Calvin Edney. In the above entitled cause it appears to the Court as follows:
That a petition has been filed in the Probate Court of the County of Henderson
by the Plaintiff R.T. Lewis for leave to sell real estate to pay debts of his
intestate and answer being thereto made by the defendants... to said answer
being filed by plaintiffs counsel and the papers forwarded by the Judge of
Probate (together with a request to be heard by the defendants counsel) here
for action.

"It is therefore ordered: I. That said Cause be set for hearing and argued at
Chambers in Hendersonville on the 25th day of October 1869.

"II. The Clerk of the Superior Court in Henderson County issue notice to the
parties and attorneys to be retained in this... of the time and place above
mentioned for the hearing of said cause. {signed} J.L. Henry, Judge" 
"Certified Oct 7, 1869, C.M. Pace"

10/8/1869: "We accept service of the within notice for the defendants. Hyman &
Osborne, Attorneys"

11/8/1869:" Eleventh Judicial District, Asheville, N.C. These papers are from
the Probate Court of Henderson County, which court has No Jurisdiction of
matters of this kind. Before an opinion can be rendered here effective, the
merits of the action, the papers and proceedings must be re-recorded or
dismissed and new process had. I call your attention to Sect 8, page 384, Laws
68-9. {signed} J.L. Henry, Judge"

11/19/1869: "On motion of plaintiffs counsel it is ordered that he be allowed
to amend so as to bring the action before the Clerk of the Superior Court
instead of the Judge of Probate. {signed} C.M. Pace, Superior Court, Clerk,
Henderson County"


1870

1/4/1870: "R.T. Lewis against The heirs of Calvin Edney, dec'd. At Chambers.
In the above entitled cause it appears to the Court as follows: That the
papers enclosed from the Clerk of the Superior Court, are an application by
the Plaintiff, Administrator, to sell real estate of his intestate for assets
to pay debts. To this there is an answer by the defendants heirs at law of the
Intestate alleging that two of them, James and Lucinda Edney are minor
children of intestate & praying that they be allowed the provisions of the
Constitution, Art. 10, Sect 3, and that the land sought to be made assets be
set apart as a Homestead and exempt from the payment of any debt during the
minority of said infants according to Law.

"It is therefore ordered: I. That the said James and Lucinda Edney minor heirs
at law aforesaid may apply as provided in "Public Laws 1868-9" page 333-4,
Sects 7-8-10 and have said homestead laid off in pursuance of said 13th
chapter.

"II That the Clerk of Superior Court for Henderson County make a decree
authorizing the administrator R.T. Lewis to sell the Reasl Estate of his
intestate, subject to said homestead.

"III. That the defendants have judgment for the sum of ($5.00) five dollars
costs in this behalf incurred in this Court against the said R.T. Lewis and
that he issue execution therefor. {signed} J.L. Henry, Judge"

A marginal notation by Judge Henry: "This case came up from the 12th Judicial
District, was before me to be heard at the last term of the Superior Court of
Henderson, which court was holding by virtue of a {torn} & was adjourned from
time to time till this hearing."

2/14/1870:  "In obedience to an order from this court, the undersigned on the
14th day of February 1870 at the Court House door in Hendersonville sold at
public auction the real estate of Calvin Edney, deceased, lying in this
county, at which time and place S.M. King became the last and highest bidder
for the sum of $201 dollars, $35 in cash, the remainder upon twelve months
time for which he gave his note with Rufus Edney, security. Certificate of
sale given out -- Title withheld until paid for. Respectfully submitted
{signed} Rich. T. Lewis"  Complications arose, and something went awry with
the sale.

Moving forward eight years to March 25, 1878:  "State of North Carolina,
Henderson County}} To the Superior Court.  The undersigned respectfully
presents that they purchased the Calvin Edney lands and gave their notes for
the purchase money, but for some irregularity, sale was abandoned and there
was a new sale to other parties. We therefore pray that the sale of which they
purchased be set aside in all respects, and that the note they gave for the
purchase of said land, now in possession of W.G.B. Morris, "De bonis Non" of
Calvin Edney, be delivered up to them and to  be cancelled. {signed} Rufus
Edney, S.M. King"

Returning to the year 1871. It next became George N. Edney's turn to take up
the banner, in "G.N. Edney et al, against R.T. Lewis.  This day personally
appeared before me, C.M. Pace, Clerk of the Superior Court, G.N. Edney and
made oath... that he enters his protest against the confirmation of the sale
of the lands made by R.T. Lewis... for the reason that they did not bring near
their value and that the Bond of the Administrator is not good, and that it
would not be safe to pay the money to the administrator.  G.N. (his mark)
Edney, March 6th 1871"  Was George calling Mr. Lewis a dishonest man?

So, what happened to the $201 proceeds from the land sale?  On 17 August 1871,
Richard T. Lewis filed his report: Attorney fees, debts, court costs equaled
$157.00;  R.T. Lewis was paid $17.90 for his administrators' fee; that left
$24.10 to be divided among the eleven children; they had been in court nine
years. The estate settlement was not yet complete when Richard Toliver Lewis,
Administrator of the Estate of Calvin Edney, Deceased, also joined the land of
the deceased about 1873. That was why Mr. W.G.B. Morris held possession of the
land title.

1873

4/16/1873: Rufus Edney goes before the Henderson County Probate Court and
filed this application: "In the matter of the Administration of the estate of
Calvin Edney before C.M. Pace. Rufus Edney being sworn doth say: That R.T.
Lewis, administrator of Calvin Edney, late of this county, is dead, without
having fully administered the estate of his intestate, and that W.G.B. Morris
is the proper person entitled to Letters of Administration "de bonis non" of
Calvin Edney. Further, that the value of the estate, so far as can be
ascertained at the date of this application, is about $600.00. 16th day of
April 1873. {signed} Rufus Edney"

4/16/1873: "State of North Carolina, Henderson County}} In the Probate Court.
I, W.G.B. Morris do solemnly swear that I believe R.T. Lewis, Administrator of
Calvin Edney, died without having fully administered; and that I will well and
truly administer all and singular the Goods and Chattels, Rights and Credits
of the said Calvin Edney and a true and perfect inventory thereof return as
provided by law; and all other duties appertaining to the charge reposed in
me, I will faithfully and honestly perform with the best of my skill and
ability: So help me God. {signed} W.G.B. Morris."

4/27/1873: "W.G.B. Morris, administrator "de bonis non" of Calvin Edney, makes
the following as the only property that came into his hands as the goods left
and remaining in the hands of his intestate as administator of Calvin Edney,
pled Apr 27th 1873 to wit  -- 1 note on Rufus Edney & S.M. King, $151.00.
Respectfully submitted {signed} W.G.B. Morris, Administrator. This is to
certify that the notes executed by S.M. King and Rufus Edney to R.T. Lewis,
for the purchase of lands has been assigned by them to me, and I am
responsible for the note as administrator of R.T. Lewis. {signed} W.G.B.
Morris."

Included in the estate file is a single piece of paper with these words
written repeatedly, as if the person was doodling - "Family, family, family,
family, family, Tow, Tow, Tow, Tow, Tow, Tow, Tow, Tweed, Tweed, Tow, Tweed,
Tweed." Of these,   Family and Tow (Dr. William C. and Elizabeth Jane Edney
Tow) make sense, but not the Tweed name.


So ended the estate settlement of Calvin J. Edney, son of Asa Edney and Sarah
Mills of Henderson County, North Carolina. The proceedings lasted eleven
years, by which time all the children who were minors when their father died
had become adults and began families of their own in Yancey, Madison and
Mitchell Counties of North Carolina and Unicoi County of Tennessee.