This post goes from the 1835 to 1849. Cairy married William Wilbourn. She needs her own post because she had many documents after he died and she moved from South Carolina to Mississippi and passed away.
Here are the Hudson generations, like links in the family chain, at a glance:
Richard Hudson → Robert? → Peter → William → CAIRY m. William C. Wilbourn → Champion → Amonet Washington → William Harvey → Ella Washington (Rae) (our grandmother)
Robert has a question mark only because the evidence that links him to Peter is circumstantial–though strong– and not based on court-sworn documents. From Peter, onward, however, we do have sworn documents. There is no guesswork about their links.
Per the censuses, Cairy Hudson Wilbourn was born between 1766 and 1784, but 1766 is too early, and 1784 is too late, so somewhere in the middle is best, but so far her year of birth is anyone’s guess. She married William Wilbourn. She died in the first half of 1849, probably in June, in Yalobusha County, Mississippi.
More about her: she is the daughter of William Hudson. Her sister is Ursula who married James Poole, and her other sister is Polly, who married Jeremiah Wilbourn. He is William Wilbourn’s brother, so two brothers married two sisters. She may have other siblings, but so far our research has come up empty.
The 1810 Census puts her between 16 under 26 (birth range = 1785-1794).
The 1820 Census shows her between 26 under 45 (birth range = 1776-1794).
The 1830 Census puts her between 60 and 70 (birth range = 1760-1770).
An unnamed woman in the 1840 Census, living with James Monroe Wilbourn, Cairy’s son, is marked in the 50-60 category (birth range = 1780-1790).
So it is anyone’s guess as to her year of birth. The census records can be inaccurate, but the years that correspond to her husband’s lower birth range are probably best (his entire birth range is 1766-1784). She did not draw up a will, dying intestate. Her probate records were initiated in early July, with her son John Wilbourn as administrator, so that’s why I conclude that she died in June 1849, but it could be an earlier month. The probate records show that she bought sewing material on credit and owned a mare.
She is the daughter of William Hudson of Virginia. William’s father is Peter Hudson, who left a will and names his sons and daughters, one of whom is a William Hudson. Recall that Cairy’s second son is named Peter Hudson Wilbourn, so it seems she named him in honor of her grandfather and possibly her Uncle Peter, whose name also appears in Peter Sr.’s will.
Peter Sr. and his son William engaged in all sorts land transactions and were witnesses in other documents in Henrico, Mecklenburg, and Lunenburg Counties, Virginia. They intermarried and knew families that moved to Edgefield District and nearby counties, like Laurens. Cairy had at least two sisters: Mary (Polly) and Ursula. Ursula married James Poole July 11, 1782, and Polly married Jeremiah Wilbourn. She had at least two brothers: Samuel and William Jr.
The Hudsons also have a rich history in America, the original immigrant to these shores most likely being Richard Hudson, arriving by November 20, 1652, in Henrico County, Virginia.
The Hudson family chain looks like this:
Richard → Robert → Peter → William → Cairy
In any event, after Cairy’s husband William died in March 1828, their son Peter Hudson Wilbourn initiated a lawsuit against his own mother in May 1831. After the trial was settled in June 1831, mostly in her favor, she sells the plantation on December 2, 1834. She bought land in Yalobusha County, Mississippi, January 27, 1835.
Spelling variations: Carey, Cairy, Carry. In this file she signs her name as Cary or Carey or Cairy, but mostly as Cairy, particularly in her account of her and William’s estate in 1831-1834. In all of her probate records in Yalobusha County, Mississippi, the clerks are careful to spell her name Cairy Wilbourn, uniformly. It is rare indeed to find two or more clerks who spell names consistently from one document to the next. Too often one clerk spells one name differently in the same one document. Therefore, in this post, she is Cairy, except when we transcribe a document that spells it differently.
Please see:
Early Hudsons of Three Virginia Counties (key post)
Her Children
By way of review, here are her children.
- Champion (1795?-1827?): He’s our direct ancestor. See his post here:
Champion Wilbourn and Elizabeth Ann Anderson
2. Elizabeth (c. 1800-1860s?)
3. Peter Hudson (1804 to 1836 or 1863)
4. Catherine (c. 1806-1807 to ? )
5. Jane (1809-1891)
6. John (1812-1882)
7. Mary (1814 to 1860s)
8. Dicy (1817 to 1890s?)
9. James Monroe (1819-1876)
For a complete study of each one (as much as “complete” can be done), please see this post: William Wilbourn and Cairy Hudson.
Online researchers assert that a Robert E. Wilbourn and a Gurey / Jerry Wilbourn are the 10th and 11th sons of William and Cairy, but this is an error. Go to the William and Cairy descendants probate for the explanation. But the short answer: they nowhere appear in William’s probate and voluminous lawsuit over his estate.
Deeds
They cover land transactions, and land was the foundation of the economy, back then. So this section comes first. The deeds are placed in chronological order.
January 27, 1835. Yalobusha County, Mississippi. Cairy Wilbourn purchased land on the first date, and it was certificated on the second date. The first date fits Cairy’s and her family’s journey from Old Edgefield District to her new home. They departed sometime after she sold their plantation on December 2, 1834.
The president of the Yalobusha County Historical Society writes me in an email:
After I talked to you, I checked my original entry book and found that Cairy Wilbourn patented 171 acres of land in the Southeast 1/4 of Section 4, Township 23N, Range 4 East. That’s in the northern part of Grenada County in the part that was formed from Yalobusha in 1870. It’s a half mile south of the current Yalobusha Grenada County line and a half mile south of the Hardy Cascila Road. That’s about one mile west of US Hwy 51 and 1 and half miles west of Interstate 55. About 4 miles east of there is a Patent by James Wilbourn who I believe is the James Monroe Wilbourn that is buried in the Old Hardy Cemetery. Most of the other Wilbourns in the Patent Book are and additional 5 miles east near the old Town of Torrance. That Cairy Patent was dated Jan. 27 1835.
August 30, 1838. Yalobusha County. Cairy Wilbourn sells 161 acres to William B. Greenhan, for $769.50. He appears in Cairy’s probate account, below, administered by her son John.
Cairy Wilbourn
Deed
Wm B Greenhan
Rc’d [received] the 3rd Sept 1838
This Indenture made and entered into this the 30th day of August AD one thousand eight hundred & thirty eight between Cairy Wilbourn of the first part & Wm B Greenhan of the second part, both of the County of Yalobusha of the state of Mississippi.
Witnesseth that the said Cairy Wilbourn for & in consideration of the sum seven hundred & sixty nine 50/100 dollars to her in hand paid or to be paid the receipt whereof is hereby acknowledged hath bargained & sold & by these presents doth bargain & sell unto the said Wm B Greenhan to his heirs & assigns forever the following tract of land:
The SE qr [quarter] of Section No. 4 of S No. 23 of Range No. 4 E, containing one hundred and sixty one acres
Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining & the Reversion & reversions remainder and remainders rents issues & profits thereof and also all the Estate right title interest claim & demands whatsoever for her the said Cairy Wilbourn either in law or Equity of in & to the above bargained premises and every part and parcel thereof to have and to hold to the said Wm B Greenhan his heirs & assigns to the only proper use benefit & behoof of the said William B Greenhan his heirs & assigns forever.
Signed sealed & delivered 31st day of August 1838 in the presence of
John Wilbourn
Balins [?] Nations
Cairy Wilbourn (seal)
The State of Mississippi
Yalobusha County
John Wilbourn personally appeared before me J [?] G Crozier an acting Justice of the peace for said [sic] and made oath that Cairy Wilbourn did acknowledge in her person that she signed the within deed for the purposes therein contained under my hand & seal this the 3rd of Sept 1838
J [?] G Crozier Jr. (seal)
Coffeeville, Deed Book D, pages 202-03
April 11, 1839. Yalobusha County. Cairy Wilbourn sells 171 acres to William B. Greenhan, for 769.00 and $50.00. which it should probably be .50 cents, not dollars (see below). He appears in Cairy’s probate account, below, administered by her son John.
Deed
Cairy Wilbourn
To
W. B. Greenhan
Rec’d [Received] 11th April 1839
Recorded April 17th 1839
This Indenture made and entered into the 11th day of April AD one thousand eight hundred and thirty nine between Cairy Wilbourn of the first part and William B. Greenhan of the second part, both of the County of Yalobusha, State of Mississippi.
Witnesseth that the Said Cairy Wilbourn for and in consideration of the sum of seven hundred and sixty nine dollars and fifty dollars [sic] to him in hand paid or to be paid, the Receipt whereof is hereby acknowledged, hath bargained and sold and by these presents do bargain and sell to the Said William B Greenhan and to his heirs and assigns forever the following tract of land to wit:
The south east quarter of Section No. 4 of township No. 23 of Range No. 4 east containing one hundred and seventy one acres
Together with [all] and singular the hereditaments and apertenances [sic] thereunto belonging or in any wise apartaing [sic] thereto the reversion & reversions remainder remainder [sic] remainders Rents issues and profits thereof and also all the Estate Right title interest claims or demands whatsoever of her the said Cairy Wilbourn either in law or Equity of in and to the above bargained premises and every part and parcel thereof to have and to hold to the said William B. Greenhan his heirs and assigns to the only proper use benefit and behoof of the said William B Greenhan his heirs and assigns forever
Signed sealed and delivered this the eleventh day of April one thousand eight hundred and thirty nine in the presence of
Witness [blank]
Cairy Wilbourn (seal)
State of Mississippi
Yalloubusha County
This day personally appeared before me John Boon an acting justice of the peace in and for said county Cairy Wilbourn and acknowledged that she sign [sic] seald [sic] & delivered the within deed as her own act and deed –
Given under my hand and Seal this 11 day of April AD 1839
J. Boon, J.P (seal)
Coffeeville, Deed Book F, pages 30-31
December 10, 1840. Yalobusha County, Mississippi. This is a preprinted form, with the blanks filled in by hand. This is indicated by the italics font. These patent certificates function as a receipt of the purchase of land. They can postdate the actual purchase by a long time.
THE UNITED STATES OF AMERICA
Certificate No. 3003
To all whom these Presents shall come, Greeting:
WHEREAS Cairy Wilbourn of Yallo Busha County Mississippi has deposited in the General Land Office of the United States, a Certificate of the REGISTER OF THE LAND OFFICE at Chocchuma whereby it appears that full payment has been made by the said Cairy Wilbourn according to the provisions of the Act of Congress of the 24th of April, 1820, entitled “An Act making further provision for the sale of the Public Lands,” for
The South East quarter of Section four in Township three of Range four East, in the District of Lands subject to sale at Chocchuma Mississippi, containing One hundred and seventy one acres and forty-two hundredths of an acre
According to the official plat of the survey of Lands, returned to the General Land Office by the SURVEYOR GENERAL, which said tract has been purchased by the said Cairy Wilbourn
NOW KNOW YE, That the United States of America, in consideration of the Premises, and in conformity with the several acts of Congress, in such case made and provided, HAVE BEEN GIVEN AND GRANTED, and by these presents DO GIVE AND GRANT, unto the said Cairy Wilbourn,
And to his [sic] heirs, the said tract above described: TO HAVE AND TO HOLD the same, together with all the rights, privileges, immunities, and appurtenances of whatsoever nature, thereunto belonging, unto the said Cairy Wilbourn and to his [sic] heirs and assigns forever.
IN TESTIMONY WHEREOF, I, Martin Van Buren PRESIDENT OF THE UNITED STATES OF AMERICA, have caused these Letters to be made PATENT, and the SEAL of the GENERAL LAND OFFICE to be hereunto affixed.
GIVEN under my hand, at the CITY OF WASHINGTON the tenth day of December in the Year of our Lord, one thousand eight hundred and forty and of the INDEPENDENCE OF THE UNITED STATES the Sixty fifth
BY THE PRESIDENT: Martin Van Buren
By Martin Van Buren, Jr, Sec’y
H M Garland, Recorder of the General Land Office
August 31, 1848 and August 23, 1849. Cairy Wilbourn, John Wilbourn, James M. Wilbourn, and Ebenezer Minter (son-in-law), sell 171 acres, to Armistead (spelled Armisted in the deed) T. Townes, for $340.00. Recall that Cairy died in June 1849, so this transaction lasted two months past her death. Cairy’s name is not listed in the “personally appeared” section, below the deed itself.
Deed
Cairy Wilbourn et al.
To Armisted T. Townes
Filed for record Sept 4th 1849
Recorded Sept 28th 1849
C. A. Davis
Know all men by these presents that we Cairy Wilbourn, John Wilbourn, James Wilbourn, and Ebenezer Minter in consideration of the sum of three hundred and forty dollars, to us in hand paid by Armisted T. Townes, the receipt whereof we do hereby acknowledge, do by these presents, Give, grant, bargain sell and convey unto the said Armisted, his heirs and assigns a certain parcel of land, situated in the State of Mississippi and County of Yalobusha and bounded and described as follows, (viz)
The South East quarter of section four in Township Twenty three, and Range four East, containing one hundred and seventy acres,
To have and to hold the said described land with all the privileges and appurtenances to the same in anywise appertaining and belonging to the said Armisted his heirs and assigns, to his and their use forever, and we the said Cairy, John, and James and for ourselves, our heirs, executors, and administrators do covenant with the said Armistead his heirs and assigns that they are lawfully seized in fee of the aforegranted premises, that they are free from all incumbrances, that they have good right to sell and convey the same to the said Armisted, as aforesaid, and they we will and and [sic] our heirs, executors, and administrators will warrant and defend the same to the said Armisted his heirs and assigns forever, against the lawful claims and demands of all persons whomsoever;
In testimony whereof we the said Cairy, John and James and Ebenezer, have hereunto set our hands and seals this the 31st day of August anno domini Eighteen hundred and forty eight,
Cairy Wilbourn (seal)
John Wilbourn (seal)
James M. Wilbourn (seal)
Ebenezer Minter (seal)
The State of Mississippi
Yalobusha County
This day personally appeared before me Henry L. Cook an acting Justice of the Peace in and for said county John Wilbourn, James M. Wilbourn, and Ebenezer Minter who acknowledged that they severally signed, sealed and delivered the foregoing deed as their own lawful act and deed on the day and date therein written.
Given under my hand and seal this 23rd day of August A.D. 1849
Henry L. Cook J.P. (seal)
Coffeeville, Deed Book M, page 104
May 29, 1840 and August 13, 1850. Cairy Wilbourn deed-gifts 79 and 18/100 acres to James M. Wilbourn, for $5.00. Apparently, the gift was signed on May 29, 1840, and was to be given to him upon her decease, which was in June 1849. James claims it August 13, 1850. John Wilbourn (her son and administrator) and E. E. Gentry (son-in-law) swear on August 13, 1850, that she signed her name on the gift of deed, way back on May 29, 1840.
Deed Gift
Cairy Wilbourn
To James M. Wilbourn
Filed for Record August 15th 1850
Recorded same day
John C. Carragee, clk
This Indenture made and entered into this 29th day of May one thousand eight hundred and forty by and between Cairy Wilbourn of the one part and James M. Wilbourn her son of the other part, both of the County of Yallabusha, Mississippi.
Witnesseth that for the love and affection which she the said Cairy Wilbourn hath for her said son James M. but particularly for and in consideration of the sum of five dollars by James to said Cairy in hand paid, the Receipt of which is hereby acknowledged, she said Cairy hath given, granted sold and conveyed to said James M an [sic] certain tract or parcel of land in Yallabusha County being the land this day purchased by said Cairy Wilbourn of Ebenezer Minter, containing seventy nine acres and 18/00 being
E half SE quarter of Section No. 31 in Township No. 24, in Range No. 5 East,
The said Cairy Wilbourn reserving to herself the use and benefit of said land and its advantages during her natural life, after which said James M. his heirs or assigns to take possession of and in & on [?] said land, To have and to hold the said land and premises after the death of the said Cairy Wilbourn to the sole and only use and benefit of said James his heirs or assigns forever.
In witness whereof the said Cairy Wilbourn hath hereunto set her hand and seal this day and year first written.
Signed, sealed and delivered in presence of [blank]
Cairy Wilbourn (seal)
State of Mississippi
Yalobusha County
Personally appeared before me the undersigned an acting Justice of the Peace in and for said County of Yallabusha John Wilbourn and E. E. Gentry and being first duly sworn say that they were well acquainted with Cairy Wilbourn a party to the foregoing deed dated the 29th day of May in the year 1840, that they have often seen her write, and are well acquainted with her handwriting, and that from their knowledge of her handwriting do [?] believe that the signature of her name to the said foregoing deed is her handwriting and they also swear that said Cairy Wilbourn is dead.
Given under my hand and seal this 13th day of August in the year 1850
R. G. Harrison, JP (seal)
Coffeeville, Deed Book M, pages 441-42
Taxes Due and a Land Sale
1848, April 2, 1849 and August 14, 1849. Yalobusha County. The tax man cometh. The tax collector sold Cairy Wilbourn’s property because she owed taxes for 1848. But after her decease in June 1849, the auditor cancelled the sale on August 14, 1849, probably because the estate was going into probate. If I understand this document correctly, it appears to me that the tax collector sold too much land (171 acres) to the State of Mississippi, for too small a price ($3.31), considering the paltry amount owed for taxes ($1.31). After all, the auditor’s commission was higher than the price of the land and the tax. I wonder if this contributed to Cairy’s death just two months later. But why didn’t her sons or son-in-law intervene and pay the small tax? If anyone out there has a different reading of this document, email us.
THE STATE OF MISSISSIPPI
Yalobusha County
I Daniel Roberson Tax Collector of the county of Yalobusha, have this day according to Law, sold the following tract of land to wit:
SE ¼ of section No. 4 in Township 23 of Range No. 4 East containing 171 42/100 acres more or less
as the property of C Wilbourn for the Taxes due thereon for the year eighteen hundred and forty eight to wit – the sum of one dollars 31 cents, when the state of Mississippi being the best bidder at the sum of three dollars 31 cents therefore sell and convey said land to the State of Mississippi her heirs &c. forever.
Given under my hand and seal this 2nd day of April A.D. Eighteen hundred and forty nine
D Roberson L.S.
Tax Collector
[WRITTEN ACROSS PAGE:]
Cancelled August 14, 1849
Geo T. Swann
Auditor of Pub. Accounts
[BACK PAGE]
Sale
For Wilbourn
SE 4 4. 23 4
__________
$3.31 No. 4
The State of Mississippi
Yalobusha County
This day personally appeared before me Charles A Davis clerk of the Probate Court of said County the within named Daniel Roberson who acknowledged that he signed sealed and delivered the within deed on the day and year herein mentioned as his act and deed
Given under my hand and the seal of said court at office at Coffeeville this 5th day of April AD 1849
C. A. Davis clk
Costs of sale ………………..$3.31
50% Damages on same …. 1.65
Auditor’s Com’s …………… 4.96
5% ……………………………… .24
………………………………….. $5.20
Auditor’s office,
Jackson
August 14th 1849
Received of Daniel Roberson Five 20/100 Dollars in full redemption of the within land
Geo. T. Swann
Auditor Pub. Account
Index to Estates
| No 372 The Estate of Cairy Wilbourn Deceased | |
| Letters
A/130. |
Order Granting Letter of Administration to John Wilbourn July Term 1849 D/49. Order appointing appraisers &c. to sell Personal Est. D/94. Order Confirming Inventory of Appraisers D/104. Order Confirming sale of Personal Est D/113. Order confirming Inventory of debts D/113. Order allowing 1st Ann’l Account D/383. Presentation of final account & order of citation & Publication E/35. Order allowing Final acc’t Order to pay over & order of discharge October Term AD 1851 E/57 |
| Bond
A/348.
|
|
| Inventory
C/373. |
|
Source: Coffeeville Index to Estates Book A 1834-1852, page 190
Probate Minutes
July 1849 to October 1851. These documents are the court minutes and provide compact summaries of the next major sections of documents.
Probate Court July Term AD 1849
Estate of Cairy Wilbourn, dec’d.
In the matter of the estate of Cairy Wilbourn, deceased.
Upon hearing the application of John Wilbourn one of the children, and next of kin of Cairy Wilbourn deceased, It is ordered by the Court that letters of administration be granted to the said John Wilbourn upon the estate of said Cairy Wilbourn deceased upon his taking the oath prescribed by law and entering into bond in the form of the statute, in the sum of fifteen hundred dollars with E S Fisher as security.
And the said John Wilbourn having thereupon appeared in open court and takin [sic] said oath and together with his said security signed sealed and delivered said bond said letters of administration to said John Wilbourn are now granted and ordered to be issued and recorded according to the statute;
It is further ordered upon motion of the said administration that Joseph Tilghman, William Tilghman & Marion Tilghman be appointed appraisers to value and appraise the goods and chattels and personal estate of said decedent and then a warrant be issued in this [sic] behalf, according to the statue;
It is further ordered upon application of the said administrator that he have permission and he is hereby authorized to sell the personal estate of this [his] said decedent on a credit of nine months from the day of sale upon advertising the time and place thereof in three or more public places in this County, thirty days previous thereto, and that he sell said estate at public sale to the highest bidder, and require the purchaser or purchases [sic] to give bond or bonds with approved security for the purchase money and upon all of his proceedings in this [sic] behalf to the next term of this amt. succeeding the day of sale.
Source: Coffeeville Probate Minutes Book D page 96
Probate Court August Term AD 1849
Tuesday morning court met pursuant to adjournment present as on yesterday.
Estate of Cairy Wilbourn, dec’d
In the matter of the estate of Cairy Wilbourn dec’d.
On reading and filing the report of John Wilbourn administrator of Cairy Wilbourn deceased, this day returned wherein he reports that in pursuance of the order and decree of this Court made at the last July term, directing a sale of the personal estate of said deceased, he has made said sale: and it appearing to the satisfaction of the Court on examination of the proofs and exhibits accompanying and filed with said report, that said administrator has in all things complied with the statute in this [sic] behalf, and [careted in: that] the said sale has been legally made conducted and concluded. It is therefore ordered that the same be in all things approved and confirmed and that the said report and exhibits be filed and recorded.
Estate of Cairy Wilbourn, dec’d
In the matter of the estate of Cairy Wilbourn dec’d.
John Wilbourn administrator of Cairy Wilbourn deceased, having appeared and filed in this Court an inventory of all and singular the money belonging to and debts due the said decedent at the time of his [sic] death, and the Court upon examination thereof, being satisfied that the same is made and sworn to in strict conformity to the statute in this [sic] behalf, does thereupon order that the same be approved, confirmed and recorded.
Source: Coffeeville Probate Minutes Book D page 113.
Probate Court July Term AD 1851
Estate of Cairy Wilbourn, dec’d.
In the matter of the settlement of the estate of Cairy Wilbourn deceased.
John Wilbourn administrator of the goods and chattels rights and credits of said Cairy Wilbourn, deceased, this day filed and presented his second annual report and account of his receipts and disbursements on behalf of said estate, and moved the Court to record and allow the same as a final account of his administration: Whereupon in pursuance of the statute in this behalf, it is ordered by the Court that Jane Bratten (formerly Wilbourn) and John Bratten her husband, Mary Minter (formerly Wilbourn) and Ebenezer Minter her husband and James M. Wilbourn, distributees of the said Cairy Wilbourn, deceased, [in margin: or’d of citation] be cited to be and appear before this Court on the first Monday on October next to show cause if any they can why said account should not be allowed and a decree made thereupon accordingly;
And it having been made to appear to the satisfaction of the Court that Jane Bratten (formerly Wilbourn) and John Bratten her husband, Mary Minter (formerly Wilbourn) and Ebenezer Minter her husband, are non residents of this state and that ordinary process of law cannot be served on them, it is therefore ordered by the Court in pursuance of the statute in this behalf that the said John Wilbourn administrator as aforesaid, cause publication to be made for the period of three weeks successively, in the public [in margin: or’d publication] newspaper called the “Southern Appeal” printed and published in the town of Coffeeville in this state citing therein said absent distributees to be and appear before said Court on the day last aforesaid then and there to show cause if any they can why said account should not be allowed and a decree made thereupon accordingly.
Source: Coffeeville Probate Minutes Book E page 35
Probate Court October Term AD 1851
Be it remembered that on the first Monday of October AD 1851 it being the 6th day of said month the Honorable Probate Court of Yallobusha [sic] County State of Mississippi met at the court house [sic] of said county in the town of Coffeeville pursuant to law present the Honorable Thomas A Cheves judge of said court John C Carragee clerk and Daniel Roberson sheriff of said County.
Cairy Wilbourn Estate
In the matter of the settlement of the estate of Cairy Wilbourn, deceased.
The final account of John Wilbourn administrator of the goods and chattels rights and credits of Cairy Wilbourn deceased, coming on to be audited and examined at this term of Court upon the return of Citation ordered and issued returnable to this term of the court and no person interested in the settlement or distribution of said estate having appeared or made exception thereto as stated and the Court after examining and auditing said account being satisfied that the same is in all things correct and that all the charges therein and for which allowance is prayed are legally and properly vouched for and that the said account [in margin: Or’d allowing final account] is properly stated doth order that the same exhibiting balance of $1011.61 due by said administrator to said estate be and the same is hereby in all things allowed including the sum of $86.39 for his commission on $1234.16 at seven per cent and that said account be recorded.
It is further ordered by the Court that the said John Wilbourn administrator as aforesaid [in margin: Or’d to pay over] do now pay over and distribute among the distributees of the said Cairy Wilbourn deceased or their legal representatives their respective shares of the balance due by him as aforesaid on said account and take their receipts for the same. And it appearing to the satisfaction of the Court that the said John Wilbourn has now fully administered said estate and having this day appeared in open Court and surrendered his letters of [in margin: Or’d of discharge] administration it is thereupon ordered that he be discharged in the premises.
Source: Coffeeville Probate Minutes Book E, page 57
Probate Records: Yalobusha County, Mississippi
They have been put in chronological order, as far as this can be determined. Many of these forms are preprinted and the blanks filled in by hand. The handwritten, filled-in blanks have been indicated with the italics font.
July 3, 1849. Letter of Administration to John Wilbourn. This document grants John Wilbourn, son of Cairy Wilbourn, deceased, the authority to manage her estate, who died intestate (no will).
State of Mississippi
Yalobusha County
LETTER OF ADMINISTRATION
BY THE PROBATE COURT OF SAID COUNTY
Whereas, Cairy Wilbourn deceased late of said county, died Intestate as we are informed, having whilst she lived, and at the time of her death, divers goods, rights, and credits, within the State aforesaid: and we, desiring that the said goods, rights, and credits, may be well and truly administered, covered and disposed of, DO HEREBY GRANT UNTO John Wilbourn full power by the tenor of these presents, to administer the goods and chattels, rights and credits of the said deceased, which to her in her life time and at the time of her death, did belong; to ask levy, recover, and receive the same, and pay the debts in which the deceased stood bound, so far as her said goods, rights, credits, lands, tenements, and hereditaments will extend, according to their rate and order of the law; to make a perfect and just inventory of said goods and chattles [sic], rights and credits, and the same to exhibit into the ___ of the Judge or of said Court, at or before the expiration of three months from the date hereof, and to render a just account of said administration, when thereunto legally required, and the said John Wilbourn hereby ordained Administrator of all and singular the goods and chattels, rights and credits, moneys and effects of the said deceased.
WITNESS Thomas A. Chivis [sic] Judge of our said Probate Court, this third day of July in the year of our Lord one thousand eight hundred and forty nine and who hath caused the seal of said Court to be hereunto affixed.
Test: C. A. Davis, clk
July 3 and 24, 1849. John Wilbourn put up a bond to ensure that he would carry out his duty properly as administrator of his mother Cairy Wilbourn’s estate, deceased.
No 372
John Wilbourn
Adm’r of
Cairy Wilbourn
Bond
T A Cheves, Judge
Fild [sic] for record
July Term 1849
C. A. Davis clk
Recorded on
Adm bond book
A page 348 & 9
July 24 /48
C. A Davis clk
THE STATE OF MISSISSIPPI
Yalobusha County
KNOW ALL MEN BY THESE PRESENTS THAT WE John Wilbourn and E S Fisher of the County of Yalobusha are held firmly bound unto Thos. A Chives Judge of Probates of said county, and his successors in office in the sum of fifteen hundred dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Witness our hands and seals, this third day of July one thousand eight hundred and forty-nine
The Condition of this obligation is, that if the said John Wilbourn administrator of the goods, chattels and credits of Cairy Wilbourn deceased, do make a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to the hands, possession or knowledge of the said John Wilbourn or in the hands or possession of any other person or persons for him and the same so made do exhibit unto the Probate Court of Yalobusha county, when he shall be thereunto required by the said court, and such goods, chattels and credits do well and truly administer according to law, and further do make a just and true account of his actings and doings therein, when thereto required by said court; and all the rest of the said goods, chattels and credits, which shall be found remaining upon the account of the said administrator the same being first examined and allowed by the same court, shall deliver and pay unto such persons respectively, as are entitled to the same by law; and if it shall hereafter appear that any “last will and testament” was made by the deceased, and the same be proven in court, and the executor or executors obtain letters testamentary, and the said John Wilbourn do in such case, being required, render and deliver up his letters of administration, then this obligation to be void, else to remain in full force.
[signed:]
John Wilbourn [seal]
E. A. Fisher [seal]
The above-bond is by__ [?] approved and ordered to be filed and recorded July 3rd 1849 & oath administered at same _____ [?] } J A Cheves Judge &c.
July 3 and 13, 1849. Warrant of Appraisement. This document appoints three appraisers to examine and value Cairy Wilbourn’s estate. They performed that duty on July 13 and returned their report. She did not have much.
STATE OF MISSISSIPPI
Yalabusha County
To Joseph Tillman, William Tillman & Marion Tillman GREETING, THIS is to authorize you, jointly, to appraise the goods, chattels and estate of Cairy Wilbourn late of Yalobusha county, deceased, so far as they shall come to your sight and knowledge, each of you having taken the oath hereunto annexed, a certificate whereof you are to return annexed to an inventory of the goods, chattels and estate by you appraised, in dollars and cents; and in the said inventory you are to set down, in a column or columns, opposite to each article, the value thereof.
WITNESS Thomas A Chevis Judge of said Probate Court, the 1st Monday of July in the year of our Lord one thousand eight hundred and forty nine ISSUED under my hand and Seal of Office at office the third day of July
C. A. Davis, clerk
I Joseph Tilman, William Tilman, Marion Tilman do swear that I will well and truly, without partiality or prejudice, value and appraise the goods, chattels and personal estate of Cairy Wilbourn deceased, so far as the same shall come to my sight and knowledge, and will, in all respects, perform my duty as appraiser, to the best of my skill and judgement; so help me God.
[signed:]
Joseph Tilghman
William Tilghman
Marion Tilghman
Sworn to and subscribed before me this 13th July 1849
Henry L. Cooke, J.P.
State of Mississippi
Yalo Busha County
A list of the property belonging to the estate of Cairy Wilbourn dec’d appraised July 13th 1849
1 Mare ……………………………………………………….. Dolls 40 cts. 00
We the undersigned do hereby certify that we have (on oath) valued and appraised the above property belonging to the Estate of Cairy Wilbourn dec’d this 13th day of July 1849
[signed:]
Joseph Tilghman
William Tilghman
Marion Tilghman
No. 372 Appraisement of the Estate of Cairy Wilbourn dec’d. Filed August Term C A Davis clk. By J. C. Carragee DC
Recorded on Inventory book C page 373
August 4 and 7, 1849. William Bobbitt bought the mare for $40.00.
No. 372
Report and account of sale of the
personal Estate
of Cairy Wilbourn dec’d
Filed August 7th 1849
C A Davis clk
By J C Carragee
Recorded on Inventory
Book C page 375
To the Hon’l Thomas A Cheves Judge of the Probate Court for Yallobusha County State of Mississippi
The undersigned administrator of the Estate of Cairy Wilbourn deceased, respectfully reports, that by virtue of the order of the Honorable Court made at the last July Term 1849 thereof directing and authorizing him to sell the personal estate of his intestate, after notice made and duly given, according to the statute and the direction of said order he did on the 4th day of August 1849 at the Collins’ House in this County, between the hours prescribed by law proceed to sell the said personal estate to the highest bidder, on a credit of nine months from the day of sale and did then and there so expose for sale at public vendue [?] the said personal estate consisting of one horse, when the same was struck off to William Bobbitt, he being the highest bidder for the sum of forty dollars $40.00. And the said William Bobbitt thereupon executed his bond for the payment of the sum bid for said horse. And this administrator have more fully reported his proceedings in this behalf prays that the said sale may be approved and confirmed by this honorable Court
Respectfully submitted
John Wilbourn
Sworn to and subscribed before me this 7th August 1849
T A Cheves
Judge &c.
August 7, 1849. Here is the inventory of the money belonging to Cairy Wilbourn and the debts due her or the debts she owed.
No 372
Inventory of Money & debts
Due Cairy Wilbourn dec’d
Filed August 7th 1849
C A Davis clerk
By J C Carragee
DC
Recorded on Inventory
Book C page 374
| A true and perfect Inventory of the money belonging to, and debts due Cairy Wilbourn deceased | ||||
| Money | ||||
| Money found in the possession of the deceased | 90 | 00 | ||
| Private Debts | ||||
| Note in A T Towns & E A Towns dated 15 March 47 [or 48] for | 113 | 33 | ||
| With a credit April 6th 1849 | 40 | 00 (bal) | 73 | 33 |
| Note on same dated 15th March / 48 and due one day after note for | 113 | 33 | ||
| With a credit July 1848 of [blank] | 7 | 00 (bal) | 106 | 33 |
| Note on same dated 15th March / 48 and due one day after date for | 113 | 33 | ||
| Note on same dated 15th March / 48 and due 15th March 1854 [?] for | 113 | 33 | ||
| Note on M. Minter dated June 12 / 48 and due twelve months from date for | 220 | 00 | ||
| Note on James M Wilbourn dated April 3 1847 for | 50 | 00 | ||
| Note on Richard H Hardy dated April 3 1847 and due twelve months after date for | 597 | 00 | ||
| Credited June 12 1848 by $230.00 | ||||
| “ May 27, 1849 “ $60.00 | ||||
| “ July 3 1849 “ $30.00 | 320 | 00 | 277 | 00 |
| Note on James Wilbourn for | 40 | 00 | ||
| Amt of money & good debts | 969 | 99 | ||
| Doubtful | ||||
| Note on Tandy M. Key dec’d due on or before the 1st March 1846 for | 50 | 00 | ||
| Credited July 9 1847 by | 31 | 00 | 19 | 00 |
| Desperate [?] | ||||
| Note on W. Greenhan and others due on or before the 25 day of Dec’r 1839 [sic] for | 384 | 75 | ||
| 133 | 74 | |||
State of Mississippi
Yallabusha County
Personally appeared before me Thomas A Cheves Judge of the Probate Court for said County John Wilbourn administrator of the estate of Cairy Wilbourn dec’d who being duly sworn deposed and said that the within is a true and perfect inventory of all and singular the money belonging to said deceased that has come to his hands, and of the debts due said deceased that has come to his knowledge.
John Wilbourn
Sworn to and subscribed before me this 7th day of August AD 1849
T A Cheves
Judge &c.
August 11, September 15, and October 22, 1849. This is the newspaper notice, which John Wilbourn was required to post. Jonathan Duncan, owner of the newspaper, was paid on May 6, 1850.
The State of Mississippi
Yalobusha County
Personally appeared before me W H Whitaker a Justice of the Peace in and for said County and State, Jno. Duncan Proprietor of the Grenada Press, a public newspaper published in the town of Grenada, County and State aforesaid, who, being duly sworn, says that the Advertisement, a copy of which is hereunto annexed, was published in said newspaper, as follows:
In No. 31 Vol. 3 dated Aug. 11 1849
No. 32 Vol. 3 “ Aug. 18 1849
No. 33 Vol. 3 “ Aug 25 1849
No. 34 Vol. 3 “ Sept 1 1849
No. 35 Vol. 3 “ Sept 8 1849
No. 36 Vol. 3 “ Sept 15 1849
[signed] Jno. Duncan
[ANNEXED NEWSPAPER NOTICE:]
Administrators Notice.
LETTERS of administration on the estate of Cairy Wilbourn, dec’d, having at the July term ’49, of the Probate court of Yalobusha county, State of Mississippi, been granted to the undersigned. Now all persons having claims against the said decedent, are required to exhibit the same within the time limited by law, or the same will be forever barred.
John Wilbourn adm’r.
Cairy Wilbourn, dec’d.
Aug 11, 1849 no. 31 6w
[END OF ANNEXED NEWSPAPER NOTICE]
Sworn to and subscribed before me this 22nd day
Of Oct’r A.D. 1849
[signed:] W H Whitaker J P (Seal)
STATE OF MISSISSIPPI, Yalobusha County
W H Whitaker a Justice of the Peace in and for said County and State do hereby certify that the Newspaper containing the advertisement referred to in the above affidavit have been examined by me, and that the said advertisement has been correctly published as therein stated.
Given under my hand and seal this 22nd day of Octb’r A.D. 1849
W H Whitaker J P (seal)
Printer’s Fee for Proof of Publication …………………….. $2.00
D[itt]o For Advertising …………………………………………. 3.50
Magistrate’s Fee for Affidavit and Certificate ………….. .50
……………………………………………………………………………. 6.00
Rec’d payment May 6th 1850
Jno. Duncan
By W. H. Johnson
July 3, 1849 and January 9, 1850, and undated. These short documents are found on the same page in the probate records. The first two are the fees due the court. The third section is for expenses incurred to enclose Cairy Wilbourn’s grave within a rock wall.
Coffeeville July the third 1849
Rec’d of John Wilbourn adm of the estate of Cairy Wilbourn dec’d ten dollars court fees in the case
Record by C. A. Davis clk
Rec: Coffeeville Jany 9 1850 of John Wilbourn adm of Cairy Wilbourn dec’d thirteen dollars and 87 cents balance of fees to this time [?] due Cheves & Davis
John C Carragee
for Davis
T A Cheves
Expenses paid by John Wilbourn administrator of Cairy Wilbourn deceased in enclosing her grave to wit:
1 Barrel of lime …………………………………………… $3.25
To workman for making rockwall …………………… 8.00
To hawling [sic] sand and furnishing assistance … 3.75
…………………………………………………………………. $15.00
April 8, 1850. This is the bill paid to sewing material suppliers.
Transcription begins:
1849 Mrs. Wilbourn per [?] John Wilbourn Ex [copy cut off in copying]
In gn. [?] a/c with J H & J T Lugh.
June 6 16 yds bleached domestic ………………………… 2.00
“ “ “ 2 spools thread ……………………………………………. 0.20
“ “ “ 7 yds Blk velvet 3/c ………………………………….…… 2.63
“ “ “ 2 papers tacks ………………………..……………….…… 0.20
“ “ “ 1 pr hose ………………………………..…………………. 0.40
“ “ “ ½ bobbinet …………………………………………………. 0.38
“ “ “ 1 spool thread ………………………………………………. 0.10
“ “ “ 1 pr White Kid gloves ………………………………………. 0.63
“ “ “ 1 pr Blk Ribbon ………………………….………………….. 0.75
Rec’d payment in full April 8th 1850
J. H. & J. T. Lugh gn. [?]
Transcription ends.
December 10, 1850 and January 7, 1851. This is John Wilbourn’s first account of Cairy Wilbourn’s estate.
No. 372
Estate of Cairy
Wilbourn
1st annual report
Filed Jany 7th 1851
J C Carragee clk
Recorded
| The Estate of Cairy Wilbourn deceased in account with John Wilbourn administrator | |||||
| The said administrator prays to be allowed a credit for the following disbursements made by him as administrator on behalf of said estate. That is to say — | The said administrator charges himself with the following sums of money received by him on behalf of said estate that is to say — | ||||
| Cash paid J H & J T Lugh Apl 8th / 50 no. 1 | 7 | 29 | Cash found in the possession of decedent | 90 | 00 |
| Cash paid A D Stratham “ 2 | 46 | 50 | To amt of balance of note for $113.33 with credit of $40.00 on A J Townes & E A Townes due 15 March 1849 | 80 | 15 |
| Cash paid G H Payne “ 3 | 2 | 50 | To amount of note for same amount dated 15th March / 48 & due on day after dated credited July 1848 $ 7 & interest to 15 Aug / 50 made by some parties | 122 | 42 |
| Cash paid to redeem land “ 4 | 5 | 20 | To amt of bal. of note on Richard H Hardy collected Jany 1850 | 344 | 23 |
| Cash paid printer “ 5 | 6 | 00 | 1850 Dec 2nd To amt of note on T M Key for $50. due 1st March 46 and credited 9th July / 47 $31. | 27 | 60 |
| Cash paid C A Davis “ 6 | 10 | 00 | 664 | 40 | |
| Cash paid court fees “ 7 | 13 | 87 | |||
| To this amount due by administrator to estate | 573 | 04 | |||
| 664 | 40 | ||||
| Amount due estate | 573 | 04 | |||
To T. A. Chives Judge of the Probate Court of Yalobusha County State of Mississippi –
The foregoing being my first annual settlement as administrator of the estate of Cairy Wilbourn deceased showing a balance due by me to said estate at this time of five hundred and seventy three 04/100 dollars is believed in all things to be just and true as stated, and is prayed to be received allowed and recorded Dec’r 10th 1850
John Wilbourn
July 8, 1851. John Wilbourn pays the judge’s and clerks’ fees: $17.80. This information is found on the same page as the sewing expenses due J H and J L Lugh (1849), above.
17.80 Rec’d of John Wilbourn adm of Cairy Wilbourn dec’d seventeen 80/100 dollars in full of Judges & clerks fees on final settlement of said estate
July 8 / 51
J C Carragee clk
July 8 and 31 and September 20, 1851. This multipart document is the affidavit that states John Wilbourn put the announcement in the local newspaper, the Southern Appeal. It serves notice to Cairy Wilbourn’s grown children that John Wilbourn is about to settle the estate. The annexed announcement covers up part of the date, but it appears that it was paid by the time the final account was settled on July 8, 1851, above. Note, finally, at the end of this multipart document who signs and does not sign it.
No. 372
John Wilbourn
Adm of Cairy Wilbourn dec’d
Vs} Citation
Jane Bratton
John Bratton
Mary Minter
Ebenezer Minter
Dicy Gentry
Elias Gentry
James Wilbourn
Probate Court
To Oct term 1851
Recorded on Inv’t
“C” page 378
THE STATE OF MISSISSIPPI
YalobushaCounty
Personally appeared before me, John Baker a Justice of the Peace in and for said county A S Campbell the editor of the Southern Appeal, a public newspaper published in the town of Coffeeville, county and State aforesaid, who being duly sworn, says that the advertisement, a copy of which is annexed, was published in said newspaper, as follows:
In No. 20 Vol. 2 dated July 12 1851
In No. 21 Vol. 2 dated July 19 1851
In No. 22 Vol. 2 dated July 26 1851
AS Campbell
Given under my hand and Seal 31 day of July 1851
John Baker J.P.
[ANNEXED NEWSPAPER ANNOUNCEMENT:]
ADMINISTRATOR’S NOTICE
The undersigned, administrator of the Estate of Cairy Wilbourn, deceased, has presented a final account of his administration on said Estate, to the Probate Court of Yalobusha county, State of Mississippi and will at the October Term of said Court, apply for its audition and allowance.
Notice is therefore hereby given to Jane Bratton (formerly Wilbourn) and John Bratton her husband, Mary Minter (formerly Wilbourn) and Ebenezer Minter her husband, Diecy [sic] Gentry (formerly Wilbourn) & Elias Gentry her husband & James M. Wilbourn distributees of said Cairy Wilbourn, dec’d, to be and appear before the Probate Court of Yalobusha county, State of Mississippi, on the first Monday of October next, then and there to show cause, if any you can, why said account should not be allowed, and a decree made thereupon accordingly.
JOHN WILBOURN adm’r
July 12, 1851
20-3w
[END OF ANNEXED NEWSPAPER ANNOUNCEMENT]
Mr. John Wilbourn Adm.
To A. S. Campbell
To proof of publication …………………………………….. $2.00
“ Magistrate’s fees for affidavit and certificate …………. 50
“ Advertising 2 ½ squares 3 times ……………………….. 5.00
………………………………………………………………………..$7.50
Rec’d payment A. S. Campbell
The State of Mississippi
Yallabusha [sic] County
To the Sheriff of said County – Greeting
You are hereby Commanded to cite Jane Bratton, formerly Wilbourn, and John Bratton her husband, and Mary Minter, formerly Wilbourn, and Ebenezer Minter her husband, Dicey Gentry, formerly Wilbourn, and Elias Gentry her husband [careted in: James Wilbourn] distributees of Cairy Wilbourn deceased, to be and appear before the Probate Court of Yallabusha State aforesaid at the Court house thereof in the Town of Coffeeville on the first Monday in October next then and there to show cause, if any you can why the final account of John Wilbourn administrator of the said estate of Cairy Wilbourn deceased should not be allowed and a decree made thereupon accordingly and further to do and suffer such things as shall be considered and ordered by the Court aforesaid in the premises and have then there this writ.
Witness the Honorable Thomas A Cheves Judge of the Probate Court of said County the first Monday in July 1851 and the Seal of said Court hereunto affixed
Issued July 8th 1851
John Carragee clk
We the undersigned do hereby acknowledge service of the within Citation this [blank] day of Sept. 20 AD 1851
Test: John Wilbourn
[Signed:]
John Wilbourn
Dicy Gentry
Elias Gentry
James M. Wilbourn
July 8, 1851. This affidavit says that John and Jane (Wilbourn) Bratton live in Tennessee, and Ebenezer and Mary (Wilbourn) Minter live in Texas. That’s the reason they did not sign the final part of the previous multipart document. These two couples and Dicey (Wilbourn) Gentry and James M. Wilbourn are said to be the only persons interested in their mother’s estate. However, outside of these probate papers, we know their additional siblings are as follows: Peter H. Wilbourn (who died, mostly likely, back in Edgefield District, South Carolina, before 1839, long before his mother Cairy did), Elizabeth (Wilbourn) Webb, and Catherine. Why aren’t the daughters named as interested parties? See the file on the descendants of William and Cairy, for possible explanations on Elizabeth’s absence from the records, though she lived in the area. As for Catherine, we don’t (yet) know what happened to her.
No. 372
Cairy Wilbourn’s
Estate
Affidavit of non residence
Filed July 8th 1851
J C Carragee clk
Recorded on Inv’t “C” page 376 & 377
The State of Mississippi
Yalobusha County
Personally appeared before me T. A. Cheves Judge of the Probate Court in and for said County John Wilbourn who after being duly sworn deposeth and saith Jane Bratton (formerly Wilbourn) & John Bratton her husband are residents of the State of Tennessee, that Mary Minter (formerly Wilbourn) & Ebenezer Minter her husband are residents of the State of Texas – that said parties are interested in the estate of Cairy Wilbourn of which I am administrator, as distributes & that they together with Dicy Gentry & Elias Gentry her husband, James M. Wilbourn & affiant are the only persons interested in said estate.
John Wilbourn
Sworn to and subscribed this 8th July 1851
Before T. A Cheves
Judge &c.
July 8, 1851. This is the second and final settlement account. So far the records show that only Jane (Wilbourn) Bratton picked up her share of the settlement on May 31, 1852 (see the document, so dated, below).
No. 372
Cairy Wilbourn
Estate
Final account
Filed July 8 / 51
J C Carragee clk
Recorded on Inv ‘t
“C” pages 374 & 377
| The estate of Cairy Wilbourn deceased in account with John Wilbourn administrator second and final account | |||||
| The said administrator prays to be allowed a credit for the following disbursements on account of said estate, to wit: | The said administrator charges himself with the following sums of money received by him on account of said estate, that is to say: | ||||
| To cash paid J C Carragee | 17 | 80 | The amount left in administrators hands on 10th December 1850 as shown by 1st annual settlement now of record | 573 | 04 |
| Said administrator claims commission on $1234.16 at seven per cent | 86 | 39 | Said administrator charges himself with interest on said sum from the 10th Dec’r / 50 to the 10th July / 51 being seven months | 26 | 74 |
| To cas [sic] A S Campbell | 7 | 00 | Said administrator charges himself with amount of note on M Minter due 12th June 1849 for $220. & interest thereon to 10th inst. | 264 | 70 |
| This amount due administrator to estate | [sic] | Said administrator charges himself with the note of A T Townes & E A Townes due the 15th March 1850 & interest thereon to 10th July / 51 | 122 | 30 | |
| This amount paid for enclosing grave | 15 | 00 | Said administrator charges himself with the note of James M Wilbourn for $40. & interest thereon to 10th July / 51 from 6th Apl. / 49 which note together the three notes last above charged were embraced in inventory of notes monies & now of record | 45 | 40 |
| To this amount due by administrator to estate | 1011 | 61 | Said administrator charges himself with amount of Wm Bobbitt’s notes for $40. & interest thereon from 4th May / 50 to 10 July 50 said note being for property sold by me as administrator | 42 | 82 |
| 1137 | 80 | 1137 | 80 | ||
| Amt of each share 5/1011.61 | 202 | 32 | |||
State of Mississippi
Yalobusha County
Personally appeared before me T A Chives Judge of the Probate Court in & for said County John Wilbourn administrator of the estate of Cairy Wilbourn deceased who after being duly sworn deposeth & saith that the above final settlement account showing a balance due by administrator to estate of one thousand & eleven 61/100 dollars is just and true as stated.
Sworn to and subscribed this 8th July 1851 before me
T. A. Cheves
Judge &c.
May 18, 1852. Marshall County, Mississippi. John Bratton appoints his wife Jane (Wilbourn) Bratton to be his attorney in fact.
Know all men by these presents that I have nominated and appointed and constituted and by these presents do nominate, appoint and constitute my wife, Jane, my true and lawful attorney in fact, for me, and in my name ____ and stead, to ask for, demand, receive, and receipt for any monies due me as our rateable [sic] share of the Estate of Cairy Wilbourn, deceased, of the County of Yallobusha, and the State of Mississippi, and to do all other acts necessary in the premises, as fully and effectually as if I were myself present. And I hereby ratify, confirm and make effectual the acts of my said attorney in the premises aforesaid. In testimony whereof I have hereunto set my hand & seal this 18th day of May A.D. 1852
John Bratton (seal)
The State of Mississippi
Marshall County
This day personally appeared before me, V. N. Garrison, an acting Justice of the Peace in and for said County, John Bratton, whose name appears to the foregoing power of attorney, and acknowledged that he signed, sealed and delivered the same as his act and deed, on the day and for the purposes, therein specified.
Given under my hand & seal this 18th day of May A.D. 1852
V. N. Garison [sic] (seal)
The State of Mississippi
Marshall County, ss
I Gordentin Waite, clerk of the Probate Court of said County do hereby certify that V. N. Garison [sic], whose genuine signature appears to the within certificate, is and was at the date thereof an acting Justice of the Peace, in and for said County of Marshall, duly qualified and commissioned – and that his official acts, as such, are entitled to full faith and credit.
Given under my hand and the seal of said Court at office the 19th day of May A.D. 1852.
Gordentin Waite clk
By W. D. Roberts, DC
May 31, 1852. Jane (Wilbourn) Bratton comes to pick up her share of the inheritance (see the second final account, above, dated July 8, 1851). This document functions as a receipt of payment.
Received of John Wilbourn administrator of the estate of Cairy Wilbourn deceased two hundred and two 32/100 dollars in full of our distributive share of said estate as ascertained by the final settlement of said administration in the Probate Court of Yalobusha County Mississippi at the October Term 1851 thereof as witness our hand and seals this 31st day of May 1852
John Bratton (seal)
By Jane Bratton his atty in fact
Signed and acknowledged before me this 31st day May AD 1852
T A Cheves
Probate Judge
Summary of Cairy’s Life
Here is a synopsis of her life in the legal documents:
Cairy’s husband William Wilbourn draws up and confirms his will on March 3, 1827, in Edgefield District, South Carolina.
William dies on March 24, 1828.
The Inventory and Appraisement is taken on or before June 2, 1828.
The estate sale is held on December 15, 1828.
The Mill Case is settled by June 19, 1829 (or 1828).
On May 4, 1831, Peter Hudson Wilbourn, Cairy’s son, initiates a lawsuit against her. On that date, the Court of Equity issues a Sub Writ ad Respondendum, which requires Cairy, William and Jane (Wilbourn) Newman (son-in-law and daughter), and Elizabeth Ann Wilbourn (daughter-in-law) to respond to Peter’s Bill of Complaint, alleging that the widow Cairy mismanaged the estate.
The judge renders his verdict in June 1831, which mostly favors widow Cairy, except the judge tells her to be more careful with the estate and to send the minor children to school, a “sacred duty.”
Peter and Cairy keep an account of the estate’s expenditures through 1834, and she pays for the younger children to go to school. In the legal documents, they are able to sign their names.
Cairy sells the farm or plantation on December 2, 1834, in Edgefield District, South Carolina, for $995.00.
She buys property in Yalobusha County, Mississippi, on January 27, 1835.
So she moves to Yalobusha County between December 2, 1834 and January 27, 1835. If she was born in 1766, then she was about 69 years old when she made the journey. If she was born in 1784 (too late), then she was about 50 years old.
On April 2, 1849, the tax collector sold Cairy’s 171 acres to the State of Mississippi, for $3.31, for a tax ($1.31) owed during 1848. The public auditor canceled the sale in August 1849, after she had died. I wonder why her sons or sons-in-law did not intervene and pay the tax. Did she forget she had owed it? Was she too embarrassed to tell them? I wonder if this sale contributed to the elderly Cairy’s death two months later.
She dies in Yalobusha County, in June 1849, leaving no will.
Her son John Wilbourn is appointed the administrator on July 3, 1849.
The Probate Court confirms his second and final account on July 8, 1851.
For more details and a transcription of William Wilbourn’s legal documents, please visit the William Wilbourn file, here:
In April 1849 Cairy owed a grand total of $1.31 of taxes for the year 1848. But the tax man cometh. He sold the land (171 acres) for $3.31, a fraction of what it was worth. The auditor’s commission was $4.96, so he got more than the land was sold for and the tax owed, in August 1849. Something isn’t right. At her decease, $90.00 was found in her possession. So why didn’t she pay the tax herself? Why didn’t her sons or son-in-law come forward to pay the tax? Did she know about the tax? Did she forget?
But Cairy owed money. When her son John, administrator, finished the final account of her estate, the judge decreed: “final settlement account showing a balance due by administrator to estate of one thousand & eleven 61/100 dollars.”
The tax man may have known, in general terms, about the debts. Did he intimidate her with all sorts of facts and figures and threats?
She died by July 3, 1849. Did this legal entanglement contribute to her death? We don’t know.
Contrasted with her life in South Carolina, she simplified her life in Mississippi. The records do not show that she owned slaves.
Here is her burial record:
Expenses paid by John Wilbourn administrator of Cairy Wilbourn deceased in enclosing her grave to wit:
1 Barrel of lime …………………………………………… $3.25
To workman for making rockwall …………………… 8.00
To hawling [sic] sand and furnishing assistance … 3.75
…………………………………………………………………. $15.00
She was a woman who crossed from the 1700s and into the 1800s, all the way to 1849. She was a woman of her times.
Live as Free People 