YANCEY COUNTY, NC - WILLS - Estate Probate of Edward Wilson, 1769-1863
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Contributor's Note:  Yancey County, NC Original Estate Records of Edward 
Wilson, dating from 1863 (His Last Will and Testament, often referred to in 
the records, was not attached as supporting evidence). He appears to have died 
during the month of April 1863 in Yancey County. His last will and testament 
was recorded in "Yancey County Settlements of Estates, Wills, Inventories and 
Accounts, 1855-1869, Volume 1A, pages 15 and 16, which has been microfilmed 
and stored at the State Archives in Raleigh, C.107.50011. The text of his will 
has been transcribed by Sandra Allen Fender, and is available for viewing at 
Web site:
http://files.usgwarchives.net/nc/yancey/wills/ewilson.txt

What follows is my transcription of the original estate records:

April 16 1867:
"State of NC, Yancey County} To any lawful officer to execute and return within 
30-day, Sundays excepted, you are hereby commanded to summons T[homas] G. 
Gardner & B.J. Moss if to be found in your county and cause them to appear 
before me or som [sic] other acting Justice of the Peace in and for said County 
to answer the complaint of J & W Wilson, executors of E. Wilson, deceased, in a 
plea of debt the sum of Eighty Nine dollars and 50 cts, due by note [April 4th 
1863]. Herein fail not. Given by me April 16th 1867, {signed} M.L. Penland, JP"

April 2 1870:
"William A. Ray against James Wilson & William Wilson, Executors of Edward 
Wilson, deceased} Petition for Injunction.
To His Honor J.L. Henry, Judge of the 11th Judicial District, N.C. The petition 
of William A. Ray assignee of George D. Wilson, one of the heirs at law of 
Edward Wilson, deceased. Your petitioner humbly praying showeth unto your Honor:

"I. That Edward Wilson late of the County of Yancey died and having published a 
Last Will and Testament and by the said Will did constitute and appoint James 
Wilson & William Wilson his Executors, who being duly qualified and sworn have 
entered upon the execution of said Will and have according to the terms of said 
Will sold all the property of Testator both personal and real and returned into 
court an inventory of over $42,000, Forty Two Thousand Dollars.
II. That George D. Wilson is a Legatee under said Will, who has duly assigned 
his legacy unto your petitioner and is entitled according to the terms of said 
Will to one eighth of said inventory of the Executors plus $2,000.
III. That said Executors have never filed bond for the faithful execution of 
said Will -- and that one of the executors is very old, to wit the executor 
William Wilson, and does not much of the business connected with said execution 
& that the executor James Wilson does most if not all the business connected 
with said Estate. And that at the last term of the Superior Court of Yancey 
County, executors obtained judgments and many bonds due Estate upon which 
executions have issued and upon which executions the money will be forthcoming 
shortly, and that the executor James Wilson has since obtained judgments as your 
petitioner has every reason to believe disposed of his property to his children 
or at least a great portion of the same, so that your petitioner will have as he 
believes no means by which he could obtain said legacy or force said executor to 
comply with said Will in a court or upon an execution issuing from your court.
IV. That said executors were appointed before the Emancipation of Slaves and 
before the Homestead Exemption laws were enacted.

"V. Now therefore your petitioner humbly praying asketh your Honor to grant an 
injunction against the further execution of said will by said Executors until 
they shall have filed a good and sufficient bond in such sum as to your Honor 
may seem just and reasonable, and at such times and before whom your Honor may 
determine and for such other and further relief as to your Honor may seem just. 
And your petitioner as in duty bound will ever pray &c & c. {Signed} W.A. Ray, 
on this April 2, 1870. J.M. Gudger, Solicitor for Petitioner"

April 16 1870:
"William A. Ray against James Wilson... Petition for Injunction} Whereas the 
plaintiff has applied for an injunction restraining said James Wilson from the 
further execution of said will of Edward Wilson, deceased. Now therefore we A.J. 
Roberts & G.D. Ray of Yancey County under take in the sum of [blank] dollars to 
pay to said James Wilson such damages as he may sustain by reason of such 
injunction, if the Court shall finally decide that the plaintiff is not entitled 
thereto, the damages to be ascertained by a reference or otherwise as the Court 
may direct. April 16 1870. {Signed} A.J. Roberts, G.D. Ray"

April 20 1870:
"William A. Ray, Plaintiff, Against James Wilson & William Wilson, Executors of 
Edward Wilson, deceased, Defendants} From Yancey County, Spring Term, At 
Chambers in Bakersville, 20 April 1870.
In the above entitled cause it appears to the Court as follows: That defendant 
James Wilson was appointed Executor of the Last Will and Testament of Ed[ward] 
Wilson, deceased, & that since entering on his executorship, he has become 
insolvent & that by virtue of said executorship large amounts of money are about 
to go into his hands & that Plaintiff is assigned as one of the Legatees therein 
named, & asks that said James Wilson, Executor, be required to enter Bond, for 
the discharge of his said duties. It is therefore Ordered:

"I. That the Clerk of the Superior Court for Yancey County issue notice to the 
defendants, together with copies of complaint or affidavit, to be & appear 
before me, at my chambers in Bakersville on the 16th May next and show cause why 
the prayer in said petition should not be granted & the relief therein proved 
awarded.
II. That in the meantime W.E. Piercy, Sheriff of Yancey County be restrained 
from paying over to the said defendants any monies in his hands belonging to 
said defendant by virtue of his said executorship, and that the Clerk of said 
County & the said Sheriff make due return of these papers and how they shall 
have executed the same.

Endorsed: "Notice issued and restraining orders issued and placed in the hands 
of the Sheriff on 26th day of April 1870... In Hand, April #26, 1870, {signed} 
W.E. Piercy, Sheriff"

"To the Sheriff of Yancey County, Greeting: You are hereby commanded to deliver 
a full coppy [sic] of the petition for Injunction in the case of William A. Ray 
against James Wilson & others, executors of Edward Wilson, deceased, with the 
accompanying papers to James Wilson, the acting Executor of said Ed. Wilson, 
deceased, and return the original before the Judge at the time and place therein 
named, and also retain this order with how you have executed the same with the 
foregoing named papers. Herein fail not. Given under my hand and seal of office 
this 26th day of April AD 1870. {Signed} A.J. Roberts, Clerk of Yancey Superior 
Court"

May 16 1870:
"William A. Ray, Plaintiff, Against James Wilson & William Wilson, Executors of 
Edward Wilson, deceased, Defendants} From Yancey County, Spring Term, At 
Chambers in Bakersville, May 16th 1870.
In the above entitled cause it appears to the court as follows: That this is the 
day set forth for the hearing of the motion made in this case, & that the 
Defendants has failed to file an answer to the complaint of the Plaintiff and by 
consent of the Plaintiff and the Defendants: It is Ordered:

"I. That the further hearing of this motion be suspended and postponed till 
Wednesday 1st day of June 1870 at Burnsville.
II. That the restraining and other orders heretofore issued be continued in full 
force and effect to that time.
III. That these papers be deposited in the office of the Clerk of the Superior 
Court for Yancey County, to be by him produced at the above time...."

January 13 1871:
"J & Wm. Wilson, Executors of E. Wilson, dec'd, against T.G. Gardner, B.J. Moss} 
Justice Court, Yancey County N. Carolina, to any lawful officer of said county, 
greeting: You are hereby commanded to summons T.G. Gardner and B.J. Moss to 
appear before me at my office on May the 6th day of 1871 to answer the complaint 
of the plaintiffs for the nonpayment of the sum of Eighty Nine dollars 50 cents, 
due by note of hand and demanded by said Plaintiffs.... {Signed} J.H. Dellinger, 
JP"

May 6 1871:
Statement by J.O. Griffith: "I was appointed by Probate Court to make final 
settlement of James Wilson. I had then papers the judgment was ordered on. They 
were filed in my hands in 1876. I held the papers some time. I issued a summons 
to order James Wilson or his attorney to renew the judgment. I have not yet 
completed my settlements."

Attached to this note was a list of names, as follows, some of which were 
stricken through:
G W. [George] Edney [stricken, a grandson]; Jas. [James] Edney [stricken, a 
grandson]; Mrs. Randolph, Sr. [stricken]; I. McIntosh; A. Wilson [stricken]; G. 
Wilson [stricken]; Wilson Hensley [stricken]; John Randolph; Wm. Wheeler; Jesse 
Wheeler; Mrs. Duncan; Allison Briggs.

June 6 1871:
"Justice's Court at Burnsville Township. To any Constable or other Lawful 
Officer of said county, greeting: Whereas, Judgment has been rendered by S.H. 
Dellinger, a Justice of the Peace for said County, against T.G. Gardner & B.J. 
Moss in favor of James & William Wilson for the sum of twenty five dollars 
damages, and the further sum of too [sic] and 60 dollars costs, on the 6 day of 
May 1871. You are further commanded, Forthwith to levy of the goods and chattels 
of the said Defendant (excepting such goods and chattels as are by law exempt 
from execution) the amount of said judgment with interest from the 6 day of May 
1871... until the money is recovered... Dated this 6 day of June, 1871. {Signed} 
S.H. Dellinger"

April 5 1879:
"Justices Court, James & William Wilson against T.J. Gardner and B.J. Moss. It 
is adjudged that plaintiffs do recover of defendants the sum of twenty five 
dollars & 16 cents interest on said amount from the 4th day of April 1863 until 
paid, together with the further sum of two dollars & 30 cents cost..., dated 3rd 
day of September 1878. J.O. Griffith, JP"

"I, J.O. Griffith, the Justice before whom the judgment in the above entitled 
action was rendered do hereby certify that the foregoing is a transcript of said 
judgment & of the whole thereof as the same is entered by me in my docket in the 
proceedings of said action at the date therein stated, given under my hand this 
5th day of April 1879. J.O. Griffith, JP"

"From the above judgment the defendant prays on appeal to the Superior Court 
which was hereby granted from the above judgment rendered by the Justice, all of 
which I send with the papers & proceedings in the cause, dated this 5th day of 
April 1879. J.O. Griffith, JP"

November 20 1879:
"Money Demand. Yancey County, In the Superior Court. James & William Wilson, 
executors of Edward Wilson against Cecelia Lewis, W.W. Proffitt. Summons. To the 
Sheriff of Yancey County, Greeting:

"You are hereby commanded to summon Cecelia Lewis, W.W. Proffitt, defendants 
above named, if to be found within your County, to be and appear before the 
Judge of the Superior Court, to be held for the County of Yancey at the Court 
House in Burnsville on the 2nd Monday after the 4th Monday of March 1880 and 
answer the complaint which will be deposited in the office of the Clerk of the 
Superior Court of said County within the first three days of the next term 
thereof, and let the said Defendant take notice that if they fail to answer the 
complaint within that time the Plaintiffs will take judgment against them for 
the relief demanded in complaint... Given under my hand and the seal of said 
Court, this 20th day of November 1879. {Signed} S.B. Briggs, Clerk Superior 
Court, Yancey County."

April 6 1880:
"James & William Wilson, Executors of Edward Wilson, Deceased, vs. Thomas 
Gardner} Before J.O. Griffith, JP.
The defendant for his answer pleads:
I. Payment and Setoff Statue [sic] of Limitations, General Issue.
II. Atenden [sic] of the Money at time and date of Judgment in Greenback 
Currency.
III. Defendant demands Judgment for Cost of this action..."

"To the Sheriff of Yancey County, Greeting: You are hereby commanded, to summon 
J.O. Griffith, S.H. Dellinger (if to be found in your county) to be and appear 
before his Honor, the Judge of our Superior Court, to be held at the Court House 
in Burnsville on the 2nd Monday after the 4th Monday in March 1880, to give 
evidence in a criminal action, then and there to be tried, wherein James Wilson 
& William Wilson, Administrators, are Plaintiff and B.J. Moss, Defendant... this 
6th day of April 1880. {Signed} S.B. Briggs, Clerk Superior Court, Yancey 
County"

Spring, 1880:
"Superior Court, Yancey County, Spring Term 1880. James Wilson, surviving 
executor of Edward Wilson, against Cecelia [Wilson] Lewis & W.W. Proffitt. 
Complaint: The plaintiffs complaining of the defendants alleges:

"I. That some time in the year 1863, Edward Wilson, deceased, having by his Last 
Will and Testament appointed the plaintiff together with William Wilson and 
George D. Wilson his executors that this plaintiff together with William Wilson 
qualified as executors of said Last Will and Testament and the same was duly 
admitted to probate.
II. That the defendants executed their promissory note to the executors in the 
following words and figures, to wit: $4223.45 twelve months after date with 
interest from date we promise to pay James & William Wilson executors of Edward 
Wilson, deceased, four thousand two hundred & twenty three 45/100 dollars for 
value received April 6, 1863. {Signed} Celia Lewis {Seal} W.W. Proffitt {Seal}.
III. That since the execution of the foregoing promissory note William Wilson 
has died, leaving this plaintiff the sole surviving executor.
IV. That the above described promissory note is still due and owing to this 
plaintiff and no part thereof has ever been paid.
Wherefore plaintiff demands judgment against the defendants for the sum of four 
thousand two hundred & twenty three  45/100 dollars, together with the interest 
on the same from the 6th day of April 1863 until paid together with the cost of 
this action to be taxed by the clerk."

Spring, 1880:
"Superior Court, Spring Term 1880. James Wilson, Executor of Edward Wilson, 
deceased, vs. Celia Lewis & W.W. Proffitt} Answer to Complaint: The Defendants 
answering the Plaintiffs complaint, says:

"I. That allegations I - II & III of plaintiffs complaint is true.
II. That allegation IV ... that said note is unpaid is not true.
III. That Celia Lewis, one of the Defendants in the above entitled cause, is a 
daughter of Edward Wilson, deceased, and heir at law of Edward Wilson, and that 
there was a very large amount of money, personal property & real estate that 
went into the hands of James Wilson, Executor, and also a considerable amount of 
debts went in to the hands of said executor due the estate in all to the amount 
of Forty Eight Thousand Dollars & the defendant Celia Lewis being a lawful heir 
with seven others alleges that she is entitled by way of certain claims to one 
eighth of the sum of Forty Eight Thousand Dollars, to wit, Six Thousand Dollars.
IV. That James Wilson has no authority to sue on said note for that note has 
been allowed in settlement with the Judge of Probate and a credit allowed in 
said settlement.
V. That defendants claim that if liable at all on said note that they would only 
be liable for the service of two Negro slaves from the date of said note until 
they were paid.
VI. That the scale of ____ is hereby plead.
VII. That James Wilson has been negligent in the discharge of his duty as such 
executor and is not entitled to the credits that he claims in the estate. That 
Edward Wilson at his death was not indebted to anyone to the amount of fifty 
dollars.
VIII. Wherefore, defendants demands judgment for the sum of Eighteen Hundred 
Dollars with interest on Eighteen Hundred Dollars from the 6th day of April AD 
1863, until the end o this action and from such other and further relief as may 
be just."

Spring, 1880:
"James Wilson vs. Cecelia Lewis and W.W. Proffitt} The plaintiffs answering, 
says that - Allegation that of defendants answer is true as to Celia Lewis being 
a daughter and heir at law of Edward Wilson, deceased, but it is untrue that any 
is due her from the plaintiff as executor of said deceased, but that she has 
been fully paid all that was due her under the will of her said father. That 
allegation 4 and 5 of said answer are not true. That allegation seventh is not 
true. Wherefore plaintiffs ask judgment as prayed for in complaint."

April 16 1881:
"James Wilson, Executor of Edward Wilson, deceased, against Cecelia Lewis.

"Celia Lewis, the above defendant being duly sworn deposes and says: That she 
cannot come safely to the trial of this cause at this term until after the 
report of the commissioners appointed to hear and report upon the plaintiffs 
final settlement as executor of the Will of Edward Wilson, deceased, is filed by 
which said report she expects to be able to show that plaintiff now owes her a 
considerable sum as one of the heirs at law of Edward Wilson in excess of any 
and all liabilities he can or does, honestly charge her with.

"Affiant further swears that she cannot safely try without the evidence of ___ 
whom she expects to prove plaintiffs admission that this defendant owed or would 
owe him nothing upon a fair settlement and that she made that settlement in time 
and which she was required; that this affiant is just informed by her counsel 
that this witness is material; and that it s now too late to procure her 
evidence at this time as she lives 8 or 9 miles from town. {Signed} Cecelia 
Lewis. Subscribed and sworn to before me, this 16th day April 1881. S.B. Briggs"

February 2 1882:
A court order, against James and William Wilson, requiring payment of $24.85 for 
court costs, endorsed, "Not collected, this April the 10th 1882..."

The End of the estate records of Edward Wilson of Yancey County, 1769 - 1863.