YANCEY COUNTY, NC - WILLS - Estate of William Jasper Edney ==================================================================== 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 of William Jasper Edney, Yancey County NC, 1909. Transcribed and submitted by Marshall L. Styles, marshallstyles@yahoo.com An extract of Yancey County court records, regarding the settlement of the estate of Lt. William Jasper Edney, CSA. He was a son of Calvin J. Edney and Lucinda Wilson. He was born 1833, Buncombe County, died 1899, Jacks Creek, Yancey County: March 13, 1909: "North Carolina, Yancey County, In the Superior Court. Jobe T. Austin and wife Victoria Austin, -vs- Calvin Ransome Edney, May Lisenbee and husband William Lisenbee, Nora Gibbs and husband George Gibbs, heirs at law of William J. Edney, deceased. "To the Superior Court of said County: The petitioners complains and allege -1. That they are tenants in common, and are seized in fee simple, and are in possession of the following described lands, lying and being in Jacks Creek Township, Yancey County, State of North Carolina, adjoining the lands of W.H. Roland, Blake Wilson and others, ... First Tract: Beginning at a willow and runs up a branch to a black gum, then East 26 poles to a white oak on top of a ridge, then N.W. with top of ridge to J.G. Wilson's line, then with J.G. Wilson's line a South course 130 poles to a Cucumber [tree], then East 2 poles to two dogwoods, then a straight line to a Willow, the beginning corner, containing 35 acres more or less." Second Tract: Beginning at a willow the beginning corner of tract #1 and runs down the branch 6 poles to a stake, then East with top of a ridge 39 poles to a white oak, then West 26 poles to a blackgum, then down the branch 26 poles to a willow, the beginning corner, containing 7-1/2 acres, more or less. "2: That the interest of the said petitioners in the said lands is as follows: J.T. Austin by purchase is 3/8 part of the first and 4-1/2 acres of the second tract, and 3/8 part of the remaining acres of the second tract which he purchased from Rozanner [Roxie Anna Edney] Allen and husband Clausal Allen, Josie [Edney] Robinson and husband Howard Robinson, and Don [Caladonia Edney] Baxter and husband Burton Baxter, except the 4-1/2 acres in the second tract which he purchased of E.P. Ray. The petitioner [Allie] Victoria Austin owns an one-eighth of the first tract and the remaining three acres in the second tract. And the defendant C.R. Edney owns 2/8 of the first tract and three acres of the second tract. And the defendants May Lisenbee and Nora Gibbs own 1/8 each in first tract and three acres of the second tract." [The second tract contained 7-1/2 acres, as per the survey. From the above descriptions as to who owns what, the total acreage arrived at is much greater than 7-1/2: J.T. Austin 4-1/2 acres; his wife Victoria owns the remaining 3 acres. So far, so good, as the total is 7-1/2. It also states C.R. (Calvin Ransome) owns 3 acres, as do May and Nora, who seem to share ownership in 3 acres. 7-1/2 plus 3 plus 3 equals 13-1/2 acres; add that to the 35 from the first tract and the total acreage in dispute is 48-1/2.] "3. That the defendants May Lisenbee, Nora Gibbs and Husband George Gibbs are minors without any guardian. "4. That they desire to hold their share in severalty [separately]. "Wherefore, your petitioners pray that you will appoint three commissioners to divide the same into proper shares according to the interest of the parties by proper meets and bounds, and to allot to each such share as each is entitled to; and if such equal division cannot otherwise be made, then to charge the more valuable dividend with such sums as they shall judge necessary, to be paid to the dividends of the inferior value, in order to make the division equal... {signed} Gardner & Gardner, Attorneys for Petitioners. "J.T. Austin being duly sworn says that he has heard read the foregoing petition and that he knows of his own knowledge is true. {signed} J.T. Austin, this 13 day of March, 1909." March 21, 1911, same Plaintiffs, same Defendants, Yancey County Superior Court: "It is ordered by the court that D.A. Angel, W.A. McClelland and J.J. Angel surveyor, be and they are hereby appointed commissioners to divide the lands described in the said petitioners his share as it is stated in the petition... Said Commissioners shall meet on the premises at the time summoned by the Sheriff, and after being sworn by a Justice of the Peace or other person authorized to administer oaths, shall divide the said lands. The commissioners are empowered to employ the county surveyor [Lewis Bennett], who shall make out a map of the premises, showing the quantity, courses and distances of each share, which map shall accompany and form a part of the report... describing particularly the land or parcels of land divided, and the share allotted to each tenant, with the sums charged on the more valuable dividends and to whom to be paid. {signed} M.C. Honeycutt, Clerk of Superior Court." The survey took place on Friday morning, March 24th. The decision of the commissioners and surveyor resulted in this allocation of the lands: (a) Ransome Edney, Lot No. 1, First Tract - 7 acres; Second Tract - 7-1/2 acres, adjoining the first. (b) Jobe Austin, Lot No. 2, First Tract - 17-1/2 acres. (c) May Lisenbee, Lot No. 3, First Tract - 9-1/2 acres. (d) Nora Gibbs, Lot No. 4, First Tract - 6 acres; interestingly enough, that Cucumber is still listed as a point on the property. Maybe a cucumber is also something other than that which grows on a vine. By my calculations, the 42-1/2 acres which had grown to 48-1/2 acres has now been shrunken to 47-1/2 acres. The description in the surveyors' report filed with the Clerk of Superior Court shrinks it down to a total that is even less even than the 42-1/2: "Obedient to a summons of the Sheriff of Yancey County we the undersigned commissioners appointed to divide and allot in severalty the lands of the petitioners in this cause, containing 40 ACRES assembled on the premises in Jacks Creek township on the 10th day of April 1911 and proceeded to partition the lands among the tenants in common according to their respective rights and interest therein."