William Wilbourn and Cairy Hudson

This post goes from the late 1760’s and early 1770’s to 1834.

Here are the Wilbourn generations, like links in a family chain, at a glance:

Samuel?  → John? → John? → Edward?JohnThomas → WILLIAM C. → ChampionAmonet WashingtonWilliam HarveyElla Washington (Rae) (our grandmother) → Go to summary of this line

Recall that the first four generations are probably ours by circumstantial evidence, so they have question marks. John is ours by court-sworn documents, and so are the rest of the generations.

Here is Cairy Hudson’s ancestry:

Richard Hudson → Robert? → PeterWilliam → Cairy m. William C. Wilbourn (see chain, above)

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.

Their living documents, and those of their children, tell their life story.

A Sketch

William

He was born within this range: 1766 to 1784. His parents Thomas and Hannah (Lamkin) Wilbourn were married October 23, 1769, so we should place his birth between 1771 and 1775.  He married Cairy Hudson probably in the early 1790s, for their firstborn was perhaps born in the early to mid-1790s. Court documents tell us that he died March 24, 1828 in Edgefield District, South Carolina, on his plantation, most likely.

More about him

William Wilbourn first appears in the records in Edgefield District (County), South Carolina, in 1802. Since he appears first, he was probably born first. While in Edgefield, he became a prosperous plantation owner. However, he died young, on March 24, 1828. His will directed (for reasons we can’t fathom) that the entire estate be put up for sale. His widow and children had to buy most of it back. This sale produced a lawsuit between Cairy and their son Peter Hudson Wilbourn.

The 1810 Census (see below) has him in the (too) broad category of 26 under 45. That places him in the birth range, above. The 1820 Census is too broad to pin down his year of birth, for he’s marked in the category 45+. That means, though, his latest year of birth can only be 1775. And that also means he died when he was at least 53. Even in those days, that’s young.

Spelling variations: Welborn, Wilburn, Willburn, Wilbourne. In this file the clerks almost always spell it Wilbourn. In his wife’s probate records in Yalobusha County, Mississippi, the name is consistently spelled Wilbourn, and that’s how his great-great-great granddaughter (our grandmother) spelled it, and so did her father, William Harvey Wilbourn.

For us, the key county is Edgefield (then called Edgefield District), South Carolina. William prospered and died there.

Per Bethany Baptist Church records, in Edgefield District, his middle initial was C. What does that stand for? Champion? Unfortunately we don’t know. The next excerpt is the only evidence we have of his middle initial.

April 23, 1836:

A charge was brought against a collard [colored] man, Sank, formerly owned by Wm. C. Wilbourn, for stealing and for said offence is excommunicated from this church, this 23rd day of April 1836”[1]

Incidentally, William died in March 1828, and the Wilbourns left Edgefield by January 1834, so that record indicates that Sank had won or been given his freedom. For all we know, he may have been impoverished, so he stole to survive. But that’s a guess.

Cairy

She was born between 1766 and 1784. We can safely conclude she was around the same age as William, but younger. She married him in the early to mid-1790s. Their firstborn son Champion was born probably in the mid-1790s. She died in about before July 3, 1849, in Yalobusha County, Mississippi.

Cairy Hudson embodied the American woman of the late eighteenth and first half of the nineteenth century. She carried on her probate duties, got baptized, and then moved with her family to Mississippi. She died before July 3, 1849, living next to her family.

See her own post, here:

Cairy Hudson Wilbourn

Possible Marriage

Back in Mecklenburg County, Virginia, on January 28, 1793, a marriage took place between a certain William Wilburn and a certain Elizabeth Hudson. William Hudson provided the surety.

The date is perfect for William Wilbourn and Cairy Hudson’s marriage, for their oldest son Champion was born about 1795. William Hudson is William Wilbourn’s father-in-law and Cairy’s father (see Hudson’s deed of gift, below).

However, William Wilbourn, after he died in 1828, left behind a huge number of documents, and in all of them – every one of them – her name Cairy always appears, without exception, and never Elizabeth.

Further, in this 1790s timeframe, there are two or three additional William Hudsons in Mecklenburg County, Virginia, and Elizabeth is a common name. So we may be dealing with a completely different Hudson family from ours.

A William Wilbourn who married Patty Avery in 1782 was likely married before (first wife unknown), since he was a mature man in 1782. Maybe the William Wilburn who married Elizabeth Hudson is his son, and so he is not our direct line.

However, the marriage date certainly works out perfectly for their ages and birth of their first child. And there is no large army of Wilbourns at the time and place in question and certainly not a lot of William Wilbourns.

You decide.

Their Children

 

  1. Champion (1795?-1826?): He’s our direct ancestor. See his own post, here:

Champion Wilbourn and Elizabeth Ann Anderson

  1. Elizabeth (c. 1800-1860s?)
  1. Peter Hudson (1804 to 1839?)
  1. Catherine (c. 1806-1807 to ? )
  1. Jane (1809-1891)
  1. John (1812-1882)
  1. Mary (1814 to 1860s)
  1. Dicey (1817 to 1890s?)
  1. James Monroe (1819-1876)

1. Champion

He is our direct ancestor. See his post, here:

Champion Wilbourn and Elizabeth Ann Anderson

2.  Elizabeth

She was born about 1800, in Edgefield District, South Carolina; she married William Webb, per her father’s probate, in the late 1820s. Specifically, her father’s will was drawn up May 3, 1827, and it does not mention her being married. But the Mill Case provides a hint, in the Loose Paper Files at the archives of Edgefield County, undated, but it’s likely in 1828, probably around June, though the case was adjudicated by June 19, 1829. The key document says she’s now married to William Webb, so they married between May 1827 and about June 1828 (June 1829, at the very latest).  The passage reads: “William Web [sic] and Elizabeth, his wife, formerly Elizabeth Wilborn” (sic).

Their firstborn is said to be 10 and under 15, in the 1840 Census, so his age range fits (1825-1830). William and Elizabeth were baptized at Bethany Baptist Church, Edgefield District, on Friday, October 5, 1832.

Next, as to their date of death, William Webb does not appear in the 1850 Census, Yalobusha County, Mississippi, while his wife appears alone. Yet he appears in deeds as late as October 17, 1840, Sumter County, Alabama, so he died there in the 1840s. She appears in the 1860 Census, Yalobusha County, but not in the one in 1870, so she may have died in the 1860s. However, more research may reveal that she lived longer. (See a summary of their censuses, below.)

More about them

Her records are full, but we have not looked for her probate, if it exists, in Yalobusha County, Mississippi.

Bethany Baptist Church, Edgefield District:

4th Lord’s Day in September 1832: 7 came forward and was [sic] received, namely Hamilton Spence, Susannah Spence, Wm Jones, Wm Webb, Elizabeth [Wilbourn] Webb, Catherine Wilbourn, Mary Evans, appointed Friday week for preaching and Baptising [sic] meeting; closed this day with prayer and singing.

Friday October 5, 1832:

Church met according to Appointment, dore [sic] opened for Experience, one Black man named King, belonging to Widow [Cairy] Wilbourn was received; church repaired to the water and the ordinance of baptism was administered by Brother Todd to 16 persons, 13 whites and 3 blacks, namely: Mary Evan, Wm Jones, Thomas Butler, Catherine Adams, Eunice Hamilton, Catherine Wilbourn, A. H. Spence, Susannah Spence, Wm Webb, Elizabeth [Wilbourn] Webb, Shemuel [sic] Lasiter, Wm Harris, Abraham Flinn; Blacks: Sand [= Sank] and King} Widow Wilbourn;* Mourning} Wm Hibler* (*indicates slave’s owner)

At Bethany Baptist Church, if one planned to move away, he or she asked for a letter of dismission or dismissal, which says the church member is in good standing and has left with the church’s blessing.

1st Lord’s Day in November 1834: Six of our members applied for letters of Dismission, namely Brother Wm Webb, & wife [Elizabeth Wilbourn], Brother Peter Wilbourn & wife [Elizabeth Getzen], Sister Catherine Wilbourn, and Brother Matthew Rodes; letters has [sic] written for them all.

The membership list says the dismissal date is November 2, 1834.

The date of these letters of dismission fits the Wilbourn’s move to Mississippi, in December 1834 to January 1835, per the deeds (see below).

William and Elizabeth’s Censuses

The 1850 and 1860 Censuses show that she was born at the turn of the century, about 1800.

1830

Wm. Webb appears in the 1830 Census, Edgefield District (page 11 at ancestry.com, the very bottom). There are one white male under five, and two between 20 and 29; two white females are also between 20 and 29. They own one male slave (under 10) and two other males (10-23); and two females 10-23. Both free white female’s birth range fits Elizabeth’s turn-of-the-century birth.

1840

In the 1840 Census in Sumter County, Alabama, William Webb is 30-39, and so is the unnamed free white female. This age range fits Elizabeth’s turn-of-the-century birth. Their son is 10 and under 15, and this fits his being born back in Edgefield District, South Carolina, between 1827 and 1830. Two daughters are under 5, and one daughter is between 5 and 9.

1850

In the 1850 Census, South of the Yalobusha River, Yalobusha County, Mississippi, Elizabeth Webb is found. She is 49 and the head of household, while her husband does not appear. Apparently, he died before the census was taken, probably back in Alabama. His death may have cleared the way for her move to Yalobusha County, to be with her family. Elizabeth is noted as coming from South Carolina, which coheres with what we know of Elizabeth Wilbourn Webb. Elizabeth’s son Wm. W. Webb appears. He’s 20 (born 1830) and also from South Carolina. His year and place of birth fit the other facts that we know about, concerning the Wilbourn-Webbs, back in Edgefield District. William W. was probably a baby or a youngster when they moved to Alabama.

The 1850 Census goes on to says that William W. recently married Sarah E. (16), who was born in Alabama; his sister is named Sarah F., 15, and she was born in Alabama. Since Sarah F. was 15 years old and born there, that means the family moved there by 1835, probably in 1834 by the latest, if Elizabeth did not want to travel while pregnant. These facts converge with the rest of the Wilbourn family’s move to Mississippi, traveling through Alabama, between early December 1834 and late January 1835. Finally, in this 1850 Census, Elizabeth’s estate, both real and personal, is valued at $1500.00. Her son William is a farmer.

1860

In the 1860 Census, S. E. Beat, Yalobusha County, Elizabeth is 60, while Wm W. is 30 (born 1830). His wife Sarah E. is not shown (divorce or death? Death is more likely). Both Elizabeth and William are farmers, and their property is not valued, while neighboring farms are. This may mean they were not wealthy. Elizabeth is noted as coming from South Carolina, and so is William W. Their origins and ages fit what we know about the Wilbourn-Webbs, back in Edgefield District.

William and Elizabeth’s Deeds

October 17, 1840: Sumter County, Alabama. William Webb sells to the heirs of Glanville Gholson (sic) the NW corner of a 40 acre tract, for $300.00, specifically (illegible) ½ of E ½ of NE ½ of Sec. 18 Township 22 R 2 W, amounting to 10 acres; signed William Webb; wit: Joseph Daniel and Samuel Taylor; Elizabeth relinquishes her dower rights. (Deed Book F, p. 72)

October 17, 1840: Sumter County, Alabama. William Webb sells 12 acres to Edwin Ellis, for $300.00, specifically N ½ of E ½ of NE ½, Sec. 18 Township 22, R 2 W, East of Scooner’s Cr.; signed William Webb; wit: Joseph Daniel, Samuel Taylor; Elizabeth relinquishes her dower rights. (Deed Book F, p. 498)

More searching in Sumter County in the 1840’s, especially the late 1840’s, may reveal when William had died and Elizabeth sold their property to clear the way for their move to Yalobusha County, Mississippi.

3.  Peter Hudson

He was born on June 12, 1804, Edgefield District, South Carolina; he married Elizabeth “Betsy” Getzen on November 17, 1830, in the same place. They were baptized September 22, 1833, under the auspices of Bethany Baptist Church, Edgefield District. Per the Loose Papers File in the Edgefield County Archives, on August 19, 1839, Edgefield District, Samuel P. Getzen was appointed guardian for Susan and Mary Wilburn (sic), who are Peter H. and Elizabeth Wilbourn’s two children. Elizabeth Wilbourn signed the consent to appoint Samuel as guardian. This indicates that Peter had died just before this date. Elizabeth died in Barnwell, South Carolina, in February 1897, per a researcher who descends from Peter and Elizabeth.

More about them

One researcher compiled a genealogical record in 1988, obtained from Getzen records, in a letter from Sarah Belle Limerick Torras (descendent of Peter and Elizabeth), dated December 29, 1964. The researcher writes that Peter was born June 12, 1804 and died in August 1836 in Mississippi.

This same researcher also says the father of Elizabeth is George Getzen (March 27, 1777 to April, 29, 1855), and her mother is Sally Quarles (May 17, 1783 to December 24, 1827). These are two family names that indeed figure prominently in the legal documents in Edgefield District.

Finally, the researcher notes that Elizabeth, Peter’s wife, died in Barnwell, South Carolina, in February 1897. If Peter died in Mississippi, does this mean they separated, or did he intend to take only a temporary journey there, but then died? Or did she go with him to Mississippi, and on his death returned to South Carolina? However, another researcher, who posts his data online at ancestry.com, says Peter died in 1863, but he or she doesn’t cite a source.

The records back in Edgefield District, South Carolina, indicate he died before August 18, 1839, in that county (district). This record is much more reliable, legally speaking.

Peter H. Wilborn appears in the 1830 Census, Edgefield District, as the head of household. Two free white males appear in the age group 20-29. There are no free white females. Since he married in November 1830, and the census was done before November of that year, his wife would not appear in the 1830 Census. He owns two male slaves, aged 0-9 and 10-23, and one female slave, 36-54.

Bethany Baptist Church

Wednesday, October 12, 1833: “A dore [sic] was opened and 6 persons received, namely Adaline Harris, Peter Wilbourn, Tho’s Mitchell, Polly Burnett, Mariah Burnett, & Jane [Wilbourn] Newman”

Thursday, October 13, 1833: “A dore [sic] was opened for experience two persons received Kary [Cairy] Wilbourn and [blank] Wilbourn; then repaired to the water where five was [sic] baptised [sic], namely Polly Burnett, Mariah Burnett, Adaline Harris, Jane [Wilbourn] Newman, & Tho’s Mitchell”

4th Lord’s Day September [sic] 1833: Congregation met on Lord’s Day after a sermon preached repaired to the water where 7 persons was [sic] baptised [sic], namely Kary [Cairy] Wilbourn, Peter Wilbourn, Elizabeth [Getzen] Wilbourn, Ceala Mitchell, Martha Frazier, Mary A. Chiles, Ja’s Traylor; after Baptism, the Lord’s Supper was administered, collected for Rev. Furman’s institution, the meeting then was closed

The church membership list says the “4th Lord’s Day” was September 22.

At Bethany Baptist Church, if one planned to move away, he or she asked for a letter of dismission or dismissal, which says the church member is in good standing and has left with the church’s blessing.

1st Lord’s Day in November 1834: Six of our members applied for letters of Dismission, namely Brother Wm Webb, & wife [Elizabeth], Brother Peter Wilbourn & wife [Elizabeth], Sister Catherine Wilbourn, and Brother Matthew Rodes; letters has [sic] written for them all.

The membership list says the dismissal date is November 2, 1834.

The date of these letters of dismission fits the Wilbourn’s move to Mississippi, in December 1834 to January 1835, per the deeds (see below).

So far I have been unable to find Peter in the Censuses of 1840, 1850, and 1860, an absence that indirectly confirms he died in or before 1839.

4.  Catherine

She was born ca. 1806-1807, in Edgefield District, South Carolina, according to her father’s probate. Her nickname was Kitty, per her father’s probate records. She was baptized Friday, October, 5, 1832, under the auspices of Bethany Baptist Church, Edgefield District.

More about her

We don’t know what happened to her, after she arrived in Yalobusha County, Mississippi, with her Wilbourn family.

Bethany Baptist Church

She joins the church:

4th Lord’s Day in September 1832: 7 came forward and was [sic] received, namely Hamilton Spence, Susannah Spence, Wm Jones, Wm Webb, Elizabeth [Wilbourn] Webb, Catherine Wilbourn, Mary Evans, appointed Friday week for preaching and Baptising [sic] meeting; closed this day with prayer and singing.

She is baptized:

Friday October 5, 1832: “Church met according to Appointment, dore [sic] opened for Experience, one Black man named King, belonging to Widow [Cairy] Wilbourn was received; church repaired to the water and the ordinance of baptism was administered by Brother Todd to 16 persons, 13 whites and 3 blacks, namely: Mary Evan, Wm Jones, Thomas Butler, Catherine Adams, Eunice Hamilton, Catherine Wilbourn, A. H. Spence, Susannah Spence, Wm Webb, Elizabeth (Wilbourn) Webb, Shemuel [sic] Lasiter, Wm Harris, Abraham Flinn; Blacks: Sand [Sank] and King} Widow Wilbourn;* Mourning} Wm Hibler”* [*Indicates slave’s owner]

At Bethany Baptist Church, if one planned to move away, he or she asked for a letter of dismission or dismissal, which says the church member is in good standing and has left with the church’s blessing.

1st Lord’s Day in November 1834: Six of our members applied for letters of Dismission, namely Brother Wm Webb, & wife [Elizabeth], Brother Peter Wilbourn & wife [Elizabeth], Sister Catherine Wilbourn, and Brother Matthew Rodes; letters has [sic] written for them all.

The membership list says the dismissal date is November 2, 1834.

The date of these letters of dismission fits the Wilbourn’s move to Mississippi, in December 1834 to January 1835, per the deeds (see below).

5.  Jane

She was born November 1, 1809, in Edgefield District, South Carolina. Her nickname was Jinny or Geney or Genny, etc. Jane married William Newman on December 10, 1829, in Edgefield District. William Newman was baptized under the authority of Bethany Baptist Church, Edgefield District, on September 31, 1831. She was baptized, same church, October 13, 1833. She died February 25, 1891, in Desoto County, Mississippi. William Newman was born December 4, 1804, in Edgefield District; and he died February 23, 1836, in Yalobusha County, Mississippi. Jane then married John Bratton, who was born about 1810, in Kentucky, and died May 17, 1876, in Desoto County, Mississippi.

More about her

As to her nickname, it has been mistakenly transcribed online as Jurey / Jerry, as if he’s another son of William and Cairy. One researcher says Gussy. However, the copious probate records of her father William Wilbourn and his wife’s and son’s lawsuit over his estate say nothing of Jurey / Jerry or Gussy.

Specifically, William Newman and Peter H. Wilbourn are attacking each other over William Wilbourn’s estate. Part of the relevant document, dated May 29 and 31, 1831, says Genny is married to William Newman, and we know Jane was, so this is legal confirmation of Jane’s nickname. The passage reads: “Peter H. Wilburn (the defendant) . . .  Genny Wilburn (the wife of complainant)” where the complainant is William Newman. The name Genny in this document is easy to read, and this is a standard nickname for Jane.

In this image of her father William’s will, it is clearly Geny (scroll down and find the little image next to his name. Click on that image):

http://www.usgwarchives.net/sc/edgefield/wills.htm

In Chris B. Morgan’s monumental Yalobusha Bound: Yalobusha County, Mississippi, in 1850, 3rd ed. Oklahoma Street P, 2007, page 538 (used with his kind permission, but slightly adapted).

Morgan writes:

Yalobusha County Probate file #59 contains papers showing that William Tullis and John Wilbourn were appointed administrators of the estate of William Newman in 1837. The estate was appraised that year by William Tullis and M. D. Talbert. Yalobusha County Deed Book O, p. 561, shows that “John and Jane Bratton, widow of the late William Newman,” sold on February 5, 1855 to Armistead C. Townes, property formerly belonging to William Newman.”  The land, in section 4, T23, R4E, is now in Grenada County, about two and a half miles south of the Wayside community. Yalobusha County Inventory Book D, Probate court, p. 353, shows the estate of the minor heirs of William Newman, filed March 3, 1851, with John Wilbourn appointed guardian to Martha and Mary Newman.[2]

Morgan also supplied the vital stats, above, too.

In 1830, William and Jane lived with her mother Cairy Wilbourn and was the overseer of the Wilbourn property, per old William Wilbourn’s estate papers and the lawsuit filed by Peter H. Wilbourn against his own mother in 1831. Therefore, William does not appear as the head of household on his own farm, but Cairy does on her own farm, back in Edgefield District.

Bethany Baptist Church

September 1, 1831: William Newman was received into church membership. The church membership list says he was baptized September 31, 1831.

Wednesday, October 12, 1833: “A dore [sic] was opened and 6 persons received, namely Adaline Harris, Peter Wilbourn, Tho’s Mitchell, Polly Burnett, Mariah Burnett, & Jane [Wilbourn] Newman”

Thursday, October 13, 1833: “A dore [sic] was opened for experience two persons received Kary [Cairy] Wilbourn and [blank] Wilbourn; then repaired to the water where five was [sic] baptised [sic], namely Polly Burnett, Mariah Burnett, Adaline Harris, Jane [Wilbourn] Newman, & Tho’s Mitchell”

At Bethany Baptist Church, if one planned to move away, he or she asked for a letter of dismission or dismissal, which says the church member is in good standing and has left with the church’s blessing.

Fifth Lord’s Day in November 1834: 7 members applied for letters of dismission, namely Wm Newman, & Jane [Wilbourn] his wife, Cairy Wilbourn, John Wilbourn, Mary Wilbourn, a coloured man named Kingston, belonging to Mrs. Wilbourn, and Martha Ruff (formerly Martha Harrison). The clerk was directed to prepare the letters.

The church membership list says the fifth Lord’s Day was November 30, 1834.

The date of these letters of dismission fits the Wilbourn’s move to Mississippi, in December 1834 to January 1835, per the deeds (see below).

John and Jane (Wilbourn) Bratton’s Censuses

1840

John Bratton appears in the 1840 Census, Northern District, Yalobusha County. One male is under 5, and another one is 20-29 (John). One female is under 5; one is 5-9; one is 10-14, and one is 30-39 (Jane). They had no slaves.

1841 and 1845

In 1841 and 1845, John Bratton appears in the Mississippi State Censuses, Yalobusha County. Ancestry.com does not provide a link to the image of the census page (or I have been unable to find it).

In 1851, Cairy’s probate papers say that John and Jane live in Tennessee, so they moved between 1845 and 1851.

Jane and John Bratton appear in many documents in her mother Cairy Wilbourn’s probate papers. In July 1851 John Wilbourn, administrator of his deceased mother’s estate, serves notice to Jane and John Bratton and Mary and Ebenenzer Gentry that they should come forward to make a claim of share in her estate. These two couples resided in Tennessee and Texas, respectively, in 1851. In another document dated July 1851, the notice is expanded to Dicey and Elias Gentry and James Wilbourn. Finally, in May 1852, Jane and John Bratton picked up $202.32 as a final settlement (see a sample of Cairy’s probate documents, below).

Maybe it was at this time (1852) that John and Jane Bratton moved back to Mississippi, for they appear in the 1860 Census, Hernando Post Office, Desoto County, Mississippi. He’s 50, from Kentucky, and a farmer. Jane’s 50 and from South Carolina; her occupation is not named. Their children: George is 20, a farmer, and from Mississippi. William is 17, a farmer, and from Mississippi. He attended school within the past year.  Thomas J. is 15 and attended school within the past year. E, a daughter, is 12, and attended school within the past year. John and Jane’s personal estate is valued at $600.00; their real estate is not valued, though other properties on the page are.

1870

John and Jane are found in the 1870 Census, Township 3, Range 7, Hernando Post Office, Desoto County, Mississippi. Both are 60, and only Thomas lives with them. John and Thomas are farmers, and Jane keeps house. John’s from Kentucky, Thomas from Mississippi, and Jane from South Carolina. Their personal estate is a meager $300.00, though the surrounding farmers’ personal estates are not much more. Interestingly, many blacks are listed on the same page.

6.  John

He  was born February 29, 1812, Edgefield District, South Carolina. He was baptized, under the authority of Bethany Baptist Church, Edgefield District, on September 1, 1831. He married Mary Elizabeth Tullis April 9, 1834, in Yalobusha County. He died at his home in the Wayside community of Yalobusha County.  He resided in the Wayside community west of Scobey, where he is buried in the family cemetery. Mary Tullis was born June 19, 1829, and died January 16, 1909. She was a daughter of William Tullis and his first wife Nancy Truitt.  Both John and Mary are buried in the John Wilbourn Cemetery at Wayside, but John’s gravestone is broken across the death date, making it illegible.

More about them

He was appointed the administrator of his mother’s estate July 3, 1849, Yalobusha County, Mississippi. His marriage date and place conflicts with the arrival date of his family in Yalobusha County, early 1835. He gets his dismissal letter from Bethany Baptist in November 1834, in Edgefield District. But conflicts like these are not difficult to smooth over, without contortions. Our ancestors were more mobile than we think. John could have gone out to Mississippi, to scout out some land. He could have stayed there for months. He could have met Mary and married her in Mississippi and then came back Edgefield to retrieve his family. Call it a whirlwind romance, with her father’s approval.

Bethany Baptist Church

Wednesday, August 31 and September 1, 1831, John Wilbourn is received into church membership, the 31st, with twenty-one others.

The church convened – dore [sic, read: door] opened to hear Experiences when twenty-two was [sic] received, who names follow hear” [sic]. They were appointed to come the next day to “receive Experiences and Baptise [sic] all that may be in readiness.”

Twenty-five were baptized on September 1. Then the church “repaired to the water and those who came prepared will there go down into the water, and the solemn ordinence [sic] will be administered, by Brother H. Hodges.”

But not all the 25 names were recorded. Plus, the church membership list is confused. It says Sept 31, 1831, when it should read Aug 31 and then move to September 1.

Bottom line: the church membership list and the church minutes, combined, confirm John was baptized September 1, 1831. As far as I can find, John was the first to be baptized in this immediate Wilbourn family, though his Uncle George Wilbourn and his wife Susannah were baptized in 1810.

At Bethany Baptist Church, if one planned to move away, he or she asked for a letter of dismission or dismissal, which says the church member is in good standing and has left with the church’s blessing.

Fifth Lord’s Day in November 1834: 7 members applied for letters of dismission, namely Wm Newman, & Jane [Wilbourn] his wife, Cairy Wilbourn, John Wilbourn, Mary Wilbourn, a coloured man named Kingston, belonging to Mrs. Wilbourn, and Martha Ruff (formerly Martha Harrison). The clerk was directed to prepare the letters.

The church membership list says the fifth Lord’s Day was November 30, 1834.

The date of these letters of dismission fits the Wilbourn’s move to Mississippi, in December 1834 to January 1835, per the deeds (see below).

John and Mary’s Probate

John Wilbourn left a will, recorded in Yalobusha County Will Book B, p. 201, dated October 8, 1879, and probated September 1882. We have not written for it, but you can at the county courthouse.

John and Mary’s Censuses

1840

John Wilbourn appears in the 1840 Census, Northern District, Yalobusha County. One white male is over 20 and under 30, and one white female is over 15 and under 20. They have one male slave (24 and under 36) and three female slaves (all 10 and under 24). Five persons are employed in agriculture.

1841

John Wilbourn appears in the 1841 State Index, Yalobusha County, but I’m unable to find the image of the page at ancestry.com.

1845

John Wilborn appears in the mid-decade 1845 Mississippi State Census, Yalobusha County. There are one male and three females.

To depart from the censuses for a moment, John Wilbourn was appointed the administrator of his mother Cairy’s probate. She died before July 3, 1849, and he finished his duties in May 1852, the court approving his work. He was also involved in his mother’s land sales.

1850

Back to the censuses, John and Mary Wilbourn are in the 1850 Census, north of the Yalobusha River, Yalobusha County. He’s 28 (too young), and she’s 21. An unnamed infant is six months old. He’s a planter, and their farm is valued at $2200.00. He’s from South Carolina, and she’s from Alabama. Their name was mistranscribed as Wilborun at ancestry.com.

1870

John and Mary T. Wilburn (sic) are found in the 1870 Census, Township 24, Torrance Post Office, Yalobusha County. He’s 58, a farmer, and from South Carolina. He’s a 21+ year old citizen and can vote. He is marked as unable to read or write, yet his father’s probate says he attended school, and his mother’s probate shows him signing documents. Mary is 40, keeping house, and from Alabama, and she can’t read or write, either. Their children: Mary E. (or C), is 19, at home, born in Mississippi, and can’t read or write; Margaret is 17, at home, born in Mississippi, and can’t read or write. Texanna is 15 and attended school in the past year. William T. is 14 and attended school in the past year. John is 12 and has not yet attended school. Georgiana is 11 and has not yet attended school. Marion (male) is 5; Henry C. is 2; and Jessee (sic) is 1. John and Mary’s property is not valued, though other properties on the page are.

1880

John and Mary T. Wilbourn, 68 and 50, appear in the 1880 Census, Torrance Township, Yalobusha County. He’s a farmer and recorded as being born in South Carolina, while Mary is keeping house and is said to be born in Mississippi. Most interesting of all, John’s parents (William and Cairy) are said to come from Virginia. Her parents are from Alabama. John and Mary’s daughter Margarett (sic) C. is 27 and single, and their son W. Thomas is 24, single, and a farmer with his father. John F. is 22; Henry C. is 11, Jesse is 9, and Robert H. is 7. The markings in the “cannot read” and “cannot write” columns are ambiguous, but it seems that not many on the page can read or write. This is odd, since elder John’s mother Cairy paid for an education, and he signs his name in her probate.

1900

Mary T. Wilbourn is in the 1900 Census, Beat 4, Yalobusha County, living with her son Jesse Wilbourn. She’s 73 and said to be born in March 1828 in Mississippi, and a widow. She can read and write. Jesse is a thirty-year-old single farmer who can read and write. Interestingly, her kids live near their mother: John (married Lula); Henry (married Josie), Georgia (married John Hill; Mississippi Marriage Index says a Molly Wilbourn married a John Hill February 13, 1872; Tex (married William Field, and per the Mississippi Marriage Index at ancestry.com, they married December 24, 1873, Yalobusha County); and Robert (married Mary). There are lots of grandkids for Widow Mary (Tullis) Wilbourn to enjoy.

John and Mary’s Deeds

December 10, 1840, Grenada County, Mississippi. 171.67 acres, Section 5, Township 23-N, Range 4-E, Choctaw Meridian.

September 1, 1848, Yalobusha County. 152.13 acres, Section 11, Township 24-N, Range 4-E, Choctaw Meridian.

September 1, 1848, Yalobusha County. 76.06 acres, Section 11, Township 24-N, Range 4-E, Choctaw Meridian.

September 1, 1848, Yalobusha County. 159.82 acres, Section 12, Township 24-N, range 4-E, Choctaw Meridian.[3]

Other deeds are as follows:

July 24, 1854, Yalobusha County, Mississippi. John and his wife Mary T. sell 486 acres (NW ¼ & SW ¼ of sec. 35, E half of NE of E half of SE ¼ of sec. 27 in T23 R4 E; also lot No. 4 in NE ¼ of sec. 3 in T22, R4 E), to Thomas McSwim (?). The price was $950.00. On July 31, 1854 Mary relinquished her dower rights. (Coffeeville, Deed Book O, pages 537-38)

September 10, 1860, Yalobusha County, Mississippi. John Wilbourn buys 240 acres (NE ¼ sec. 28, S ½ of SE ¼ sec. 21 T24 R4E), for $700.00, from John A. Mavis. (Coffeeville, Deed Book R, page 561)

November 14, 1860, Yalobusha County, Mississippi. John Wilbourn buys 200 acres (E & N by land formerly owned by R. H. Leigh; W by dower Burnshaver’s (?) land, and on S by Leigh and John Tribble’s land. (Coffeeville, Deed Book R, page 612.)

He was appointed Cairy’s administrator. See her post here:

Cairy Hudson Wilbourn

7.  Mary

She was born 1814, in Edgefield District, South Carolina. She was baptized on September 25, 1831, under the auspices of Bethany Baptist Church, Edgefield. She married Ebenezer Minter. Researcher Chris Morgan writes: “The marriage of Ebenezer Minter and Mary Wilbourn is recorded in the index to Yalobusha County Marriage Book A,” (Yalobusha Bound, page 521), but Morgan does not offer the date (or I couldn’t find it in his 1200+ page book). She died in the 1860s, in Texas, for she appears in the 1860 Census, but not in the one for 1870. Ebenezer died after 1880, for that’s when he appears in the census at 69 years old, a widower, in Texas.

More about them

Ebenezer produced credentials as a minister in the Baptist Church in Yalobusha County in 1844. They eventually moved to Texas by July 1851.

Bethany Baptist Church

September 4, 1831: “Dore [sic] opened for Experience, when Twelve was [sic] received, 9 whites and 3 blacks – names.” One is “Matilda” Wilbourn, but in the list of the members this name is crossed out and changed to “Mary.” The membership list says she was baptized September 25, 1831.

At Bethany Baptist Church, if one planned to move away, he or she asked for a letter of dismission or dismissal, which says the church member is in good standing and has left with the church’s blessing.

Fifth Lord’s Day in November 1834: 7 members applied for letters of dismission, namely Wm Newman, & Jane [Wilbourn] his wife, Cairy Wilbourn, John Wilbourn, Mary Wilbourn, a coloured man named Kingston, belonging to Mrs. [Cairy] Wilbourn, and Martha Ruff (formerly Martha Harrison). The clerk was directed to prepare the letters.

The church membership list says the fifth Lord’s Day was November 30, 1834.

The date of these letters of dismission fits the Wilbourn’s move to Mississippi, in December 1834 to January 1835, per the deeds, below.

Ebenezer and Mary’s Censuses

1840

E. J. Minter appears in the 1840 Census, Northern District, Yalobusha County, as a neighbor to James M. Wilbourn. In the Minter household, two males are under 5, and two are 30-39. One female is under 5, and one is 20-29. They have seven slaves. M: 1 under 10; 2 between 24 and 35; F: 2 under 10; 1 10-23; and 1 24-35. Five are employed in agriculture.

1845

Ebenezer appears in the mid-decade 1845 Census, Yalobusha County. There are four males and four females. J. M. Wilbourn is listed one household above Ebenezer (see James, below).

1850

Ebenezer Minter and Mary are found in the 1850 Census, north of the Yalobusha River, Yalobusha County. Both are 38 and from South Carolina. His occupation is planter, while hers is not listed. Their estate is valued at $480.00. Their children: Martha, 14; William 12; Frances (male) 9; Marian (female) 7; Judson and John 3; and Uzra 7 or 8 months. All the kids were born in Mississippi.

In August 1848, Ebenezer Minter signs off on a land transaction done by Cairy Wilbourn and her sons John and James, in Yalobusha County, Mississippi. He also personally appears in August 1849 in the same county, (after her decease by early July 1849) to acknowledge that he had signed the deed. In her mother’s probate account, Mary owes $220.00, dated August 7, 1849. In July 1851, she appears to have paid it. At the same time, a probate record says that Mary and Ebenezer reside in Texas.

Clearly, then, Mary and Ebenezer moved to Texas between August 1849 and July 1851. Those three years – 1849, 1850, and 1851 – may explain why they are difficult to find in the 1850 Census. They must have been in transit, from Mississippi to Texas. Family tradition says they moved to Gonzalez County.

1860

E. and Mary Minter reside in Texas, appearing in the 1860 Census, Eagle Lake Post Office, Colorado County, Texas, not Gonzalez County. Ebenezer is 49 and a farmer who was born in South Carolina. Mary is 46 and also from South Carolina. Her occupation is not named. Their real estate is valued at $8590.00, while their personal estate comes in at a whopping $13,000.00. Their children: William is 22; Frances (male) is 20 and attended school within the past year; Judson is 14 and attended school within the past year; John’s age is crossed out and written over as 13 (?); maybe the census taker didn’t realize they were twins. John also attended school in the past year. Sarah J. is 8; Mack is 5; Elizabeth is 18, and Lee (male) is 6 months. Sarah, Mack, and Lee were born in Texas.

1870

In the 1870 Census, Oakville Post Office, Live Oak County, Texas, Ebenezer Minter appears without his wife Mary (Wilbourn) Minter; he resides with his son William (the census taker’s handwriting, particularly the numbers, is sloppy, and the ink light). Ebenezer is 39 (too young; it may read 59), and William is 35. Ebenezer is from South Carolina, and William is from Mississippi. Both raise livestock and are 21+ year old citizens, so they can vote. They reside with the Gallagher family (mistranscribed at ancestry.com as Gallas). T___? Gallagher is the head of household, 32, and a farmer, while Mary is 33 and keeping house. Both of them are from Ireland. Mary Gallagher is 14 (?), and Margaret Gallagher seems to be 2 (light ink). Isaac is 11, and Ann is four months; all of the Gallagher kids were born in Texas. Antonia Irwinia (?) is 30 (or 50) and from Mexico and cannot read or write. Jessus (Jesus) Soliz is 18, “driving cattle,” and from Mexico; James Vela is 30 and also from Mexico, and his occupation is not stated; neither can read or write. So it seems the Gallagher family were ranchers and lived with a diverse group.

1880

Ebenezer Minter appears in the 1880 Census, Caldwell County, Texas, again without Mary (Wilbourn) Minter. (The census taker’s handwriting, particularly the numbers, is sloppy.) He’s 69 years old, a widower, named as the grandfather, hails from South Carolina, and lives with John McKean, who’s 23, unmarried, but named as the head of household and a farmer. John’s mother is Mattie (?), a widow, and she’s 43 and keeping house. She’s from Mississippi, and her parents are from South Carolina. Her married name is McKean. Frank McKean is 13, and Jack McKean is 11; both are John’s brothers. Sallie Hudspeth is 28, John’s aunt, and she keeps house. She’s listed as married, not widowed. Her son Jack Hudspeth is 5, Mattie is 2, and Frank is 1.

They also employ black servants, as follows: Albert Hardeman is 22, his wife Mary is 18, and their daughter Mattie is 1. He’s a farmer, and she keeps house.

Ebenezer’s father’s birthplace is Virginia, and his mother’s is South Carolina. It seems, then, that Sallie (Sarah) Hudspeth is the daughter of Ebenezer, and so is Mattie McKean. Mattie may be a nickname of Martha (see the 1850 Census), or perhaps of Elizabeth’s middle name, which is unknown to us so far (see the 1860 Census). It is interesting also that the Hardemans named their girl Mattie. This name likely comes from the adult Mattie and Sallie’s daughter. If so, the household – black and white – lived in harmony.

8.  Dicey

She was born 1817, in Edgefield District, South Carolina, per her father’s probate. She married Elias E. Gentry on February 12, 1835, in Yalobusha County (Mississippi Marriage Index at ancestry.com). Chris Morgan, in Yalobusha Bound, page 563, writes: “Elias E. Gentry died in 1886; Dicey Wilbourn . . .  died in the 1890s.”

More about her

She is not found in the Bethany Baptist Church records. It is likely her mother or the church leadership thought she was too young to be baptized, while the older Wilbourn siblings were.

Elias and Dicey’s Censuses

1840

E. E. Gentry is found in the 1840 Census, Northern District, Yalobusha County. Two males are under five, and one is 20-29. One female is also 20-29. They had no slaves.

Elias Gentry appears in the mid-decade 1845 Census, Yalobusha County. There are three males and one female in the household.

In May 1840 and August 1850, Elias signs his name on a deed (land transaction) done by Cairy Wilbourn and her sons John and James. Recall that Cairy died by July 3, 1849, but all three of them swear the sale is what she had ordered. In a probate recorded dated July 1851, Dicy and Elias are named as distributees and interested parties in her mother’s Cairy’s estate. But no record shows that they collected the $202.32 from the meager estate.

1850

Elias (38) and Dicy (33), not Lucy, per ancestry.com, which misreads the census-taker’s handwriting (easy to do): they appear in the 1850 Census, north of the Yalobusha River, Yalobusha County. He’s a planter, while her occupation is not listed.  Their property is valued at $800.00. Their children: John 15; Edward 13; William 3; Mary 1. Another John Gentry, 22, is the overseer. He’s from South Carolina, while all the kids were born in Mississippi.

1860

In the 1860 Census, S. W. Beat, Oakland Post Office, Yalobusha County, Elias and Disa (sic) Gentry are found.  He’s 47 and a farmer, and she’s 44, and her occupation is not listed. Their real estate is valued at $1500.00, and their personal estate at $1200.00. He is marked down as coming from Georgia, but she is correctly noted as coming from South Carolina. Their children: Jane M. 13, Mary 11, and Cinthe, a one-year-old girl. However, where’s William from the 1850 Census? (He may have died young.) How did Jane M. get in the 1860 Census, when she’s not in the one in 1850?

According to researcher Chris Morgan, Elias died in 1886, and Dicey in the 1890s. In light of that, the next census is intriguing. In the 1870 Census, Township 15, Chickasaw County, Mississippi, E. E. Gentry, 58, appears, and he married Elizabeth, 32, within the year, in January or July (difficult to read). He’s a farmer, while she keeps house. He’s from South Carolina, and she’s also from there. Kids: Robert L. Gentry, 3 months; Colly Wall, male, 12, farm laborer who cannot read or write; George Wall, 9; and Emily Wall, 7. Neither of these last two kids has attended school within the year. So Elizabeth’s name had been Wall, before she married Gentry. And then Elias and Elizabeth had a child together.

If this is the right Elias E. Gentry in the 1870 Census, and Dicey died in the 1890s, then they divorced before 1870.

9.  James Monroe

He was born April 28, 1819, Edgefield District, South Carolina, and died January 8, 1876, in Hardy, Grenada County, Mississippi. His wife Ann Elizabeth Tabb was a daughter of John H. Tabb and Sarah Locke. Ann was born February 28, 1820 and died September 21, 1882, in Panola County, Mississippi, probably on her son Jesse’s farm, where she was living, per the 1880 Census.

More about them

James does not appear in the Bethany Baptist Church records, probably because his mother or church leadership thought he was too young to be baptized, when the older Wilbourn siblings were.

James and Ann’s Census Records

1840

James M. Wilbourn appears in the 1840 Census, Yalobusha County, Mississippi. Members in the small family: one male, 20-29; one white female, 15-19; and one female, 50-59. The elderly woman is most likely James’ mother Cairy. One male slave is 10-23; one is 24-35; one is between 55 and100. One female slave is under 10; two are 10-23; and one 24-35. Five persons work in agriculture.

1845

J. M. Wilbourn also appears in the mid-decade 1845 Census, Yalobusha County. There are four males and one female. This family is listed above Ebenezer Minter (see James’ sister Mary, above).

1850

Jas. M. Willborn (31) and Elizabeth (29) are found in the 1850 Census, north of the Yalobusha River, Yalobusha County, Mississippi. He’s a planter from South Carolina, while her occupation is not listed; she’s from Tennessee. William is 10, Robert 8, James M. 6, Eliza 4, John 2. William and Robert attended school within the year. The value of their personal and real estate is not given.

1870

James and Ann Wilburn (sic) appear in the 1870 Census, in Coffeeville, Yalobusha County. He’s 52, a farmer, and from SC. She’s 51, “keeping house,” and from SC. Their sons are John, 23, and George W., 18; their employment is not given, but they’re probably farmers or farm-hands. The value of their personal and real estate are not cited, nor is it for the others in the census.

1880

Ann Wilbourn appears in the 1880 Census, taken at Eureka and Williamson School House, Panola County, Mississippi, without James, who had died in 1876. She is 57 and the mother-in-law, in relation to the head of household. She’s recorded as widowed. She’s from Tennessee, and her father’s from Virginia and mother from South Carolina. The head of household is J. A. (John Anderson) Mairs (pronounced Mars), a farmer, and is recorded as 73 years old, while his wife Eliza is 27. So Ann’s son-in-law is old enough to be her father, if the census taker recorded his age correctly. J. A. is the father of Eliza’s five-year-old son John who attended school within the year. Eliza was born in Mississippi, and her father’s from South Carolina, and mother from Tennessee.

James and Ann’s Deeds

They bought these tracts of land, per the deeds copied from Coffeeville, Yalobusha County, Mississippi records and ancestry.com:

September 1, 1848, Yalobusha County. 39.54 acres, Section 31, Township 24-N, Range 5-E, Choctaw Meridian.

September 1, 1848, Yalobusha County, S ½, E ½, NE.

July 4, 1850, Yalobusha County. James M. Wilbourn and his wife Elizabeth Ann sell an unspecified acreage of land (E ½ SE 1/4 sec. 31 in T24, R5 E), to Junius E. Leigh, for $600.00, in two notes. One is due December 25 next; and the other December. 25, 1851, each for $300.00. Leigh paid James M. one dollar at the signing. James signed his name, whereas Elizabeth Ann used her mark. She also testified on July. 27, 1850, that she was under no compulsion to agree to the sale. R. G. Harrison was JP. Coffeeville, Deed Book M, pages 447-48.

November 19, 1859, Yalobusha County. 79.09 acres, N½ NW, Section 31, Township 24-N, Range 5-E

June 1, 1860, Yalobusha County. 80.18 acres, W½SW, Section 31, Township 24-N, Range 5-E

June 1, 1860, Yalobusha County, 80.18 acres, Section 30, Township 24-N. Range 5-E, Choctaw Meridian.

July 21, 1866, Yalobusha County. James M. and Elizabeth Ann sell two tracts of unspecified acreage (S ½ sec. 30, T24 R5 E; N ½ NW ¼ sec. 31 T24 R5 E), for $1200, to D. F. Table. Elizabeth testifies on July. 21, 1866, that she was under no compulsion to agree to the sale. Both sellers signed their names. C. W. Lindsay was JP. (Coffeeville, Deed Book T, pages 100-01).

He also received a gift of land of 79+ acres from his mother, for $5.00, to be received after her decease.

William and Cairy’s Census Records

Let’s return to William and Cairy, the subject of this post.

1810

William’s age category (26-44) is too broad to be completely useful, but by that calculation, his birth range is 1766-1784. Cairy’s age category is a little more narrow and helpful. Her birth range is 1785-1794. It seems she had three daughters and one son, in 10 years. She had an older son, Champion, who was 10-15 years old, so his birth range is 1795-1800, but his own census in the next file broadens it.

 

1810 Census of the United States

Liberty Hill, Edgefield District, South Carolina

Head Free White Males Free White Females
Under 10 10-15 26-44 Under 10 16-25
Wm Wilbourn 1 1 1 3 1
Page 100; the ages overlap, e.g. “10 under 16,” “16 under 26” and “26 under 45.” This has been simplified to “10-15” and “16-25” and so on. Only the marked categories have been included in this table.

1820

The age categories are too broad to be helpful in determining the birth range for William and Cairy. But if she was 45, then her birth year is 1775. If she was 27, then her birth year is 1793, which is much, much too late. Closer to 1775 is better. Champion already has his family, so he does not appear in William’s census. The male who is 18-26 years old is Peter Hudson Wilbourn.

 

1820 Census of the United States

Liberty Hill, Edgefield District, South Carolina

Head Free White Males Free White Females
Under 10 10-15 16-17 18-26 45+ Under 10 10-16 17-26 27-45
William Willburn [sic] 2 1 1 1 2 2 1 1
Males Females
Under 14 15-25 26-44 45+ Under 14 15-25 26-44
Slaves 3 1 1 2 8 3 3
Page 130 or 139. Only the marked age categories have been included in this table. The census taker says the total working in agriculture is 14, but this is unclear. Discrepancies like this are common in censuses. The total for the slaves is 21, but the census taker does not note it.

1830

William died in 1828, so Cairy is the head of the household (note the spelling variations on her name). This census narrows her age to 60-69, so her birth range is 1761-1770, that is, if the census taker marked the right age (they are often inaccurate). After early December 1834, she will travel to Mississippi to live among her own family, the Hudsons). If she really was between 60 and 69 in 1830, then she was vigorous and robust to make such a journey, but those nine years are probably too late.

 

1830 Census of the United States

Liberty Hill, Edgefield District, South Carolina

Head Free White Males Free White Females
10-15 16-20 21-30 16-20 21-30 60-69
Carry Wilborn 1 1 1 2 1 1
Males Females
Under 10 10-24 55-100 Under 10 10-23 24-35 36-55
Slaves 2 2 2 6 5 1 1
Possibly page 221. In the 1830 Census, the ages of the free persons go up by fives and tens, to a hundred years old, but they overlap. This has been simplified (see the 1810 Census). Only the marked ones have been included, as with the slave age categories. The census taker says the total is 26, and it adds up. In the original census, her name appears on p. 225; at ancestry.com it’s p. 194.

Town of Edgefield

Source 

The Courthouse was completed in 1839.

Photography was invented in the 1840’s, so our line of Wilbourns had moved away from Edgefield or had died by late 1834. But the photo still gives a good idea of life back then.

Court of Equity

January 30, 1820. This is not the lawsuit of Peter Hudson Wilbourn v. Cairy (Hudson) Wilbourn, son and mother (see below). Rather, this case is a fight over ownership of slaves in another unrelated estate. William is Champion’s father, and both are our direct line

Summary:

Champion Wilbourn is called to testify on a dispute over the estate of the Buffington family. At issue is the ownership of the slave girl Fannie and her three children. She is “taskable” (i.e. can work) and is worth about $25.00 per annum.

William Welborn (sic) in the same case says a slave boy named George is worth $15.00 per annum.

William Hudson’s Deeds of Gift

He is Cairy Wilbourn’s father. The gift goes from William Hudson to his son-in-law William Wilbourn and daughter Cary (Deed Book 30, p. 29).

The deed reads:

William Hudson

To William Wilbourn & wife

Deed of Gift, South Carolina, Edgefield District

Know all men by these presents that I William Hudson of the District and State aforesaid, for and in consideration of the natural love and affection which I have and do have toward my beloved son in Law William Wilbourn and Daughter Cary Wilborn [sic] do give and grant to them and their heirs forever, the following property forever, to wit: one negroe wench [sic] named Jane, two Negroe Girls named Lucy and Betty, and one negroe boy named Jesse, one cow and heifer and two stears [sic], also one [illegible] and gear, and Sundry articles of household furniture, all of which said property is herewith delivered, to have and to hold to their own proper use and behoof; and I do hereby bind myself and my heirs to warrant and defend the right and title of the Said property from the claim of all and every person or persons whomsoever.

In witness whereof I have hereunto sett [sic] my hand and Seal, this twenty eighth day of November 1809; signed, sealed and Delivered in the presents [sic] of Anderson Crowder, Joseph Fields -. Signed William X Hudson

South Carolina

Edgefield District

Personally appeared Anderson Crowder who being duly sworn made oath that he did see William Hudson sign, seal and as his act and deed [smudged] the within Instrument of writing to and for the uses and purposes within mentioned and did see Joseph Fields with himself subscribe his name as a witness to the due execution [illegible]. Sworn to Before me this 28 day of Nov. 1809; signed Anderson Crowder; signed John Lyons Q. U. Recorded 5th February 1810.

Here is a transcription of most of another deed of gift:

State of South Carolina

Edgefield District

Know all men by these presents that I William Hudson of the district and state aforesaid, in consideration for the natural love and affection which I do have and bear towards my son in Law James Pool & my daughter Ursula Pool of Laurens County District, and William Wilbon [sic] another Son in Law & Cary his wife, also my son in Law Jeremiah Wilbon [sic] and my Daughter Polly his wife, of the aforesaid District of Edgefield and all of said state, have given and granted and by these presents do give and grant two tracts and parcels of land, the one situate and lying and being in Laurens District in the state aforesaid on Beaver Dam Creek, a branch of Reedy [Ruby?] River and the waters of Saluda River, adjoining land to the south of [cut off in binding, but probably Allen] Mitchell, east by John Taylor, North by John Lyley [Lyles?], West by Thomas Williamson; the other tract situate, lying, and being in Rutherford County, North Carolina, [M]ark Beach, a branch of Simms River, of Little Broad River, of bigg [sic] Broad River, together with all and singular the rights, mimbers [sic], hereditaments and appurtenances to the said premises, belonging or in any wise incidental or appertaining, to have and to hold all & singular the said premises before mentioned unto the said before mentioned persons, in the following proportions, that is to say: one half of the above mentioned land to William Wilbon [sic], one fourth to James Pool, and the other one fourth to Jeremiah Wilbon [sic], their heirs and assigns forever . . . .

Witness my hand and seal this 28th Day of November in the year of our Lord, one thousand eight hundred and nine, in the thirty fourth year of the Independence of the United States of America; signed, sealed and delivered in the presence of Anderson Crowder, Jo’s Fields;

Signed William X Hudson

Anderson Crowder swears he saw William Hudson sign, seal and deliver this act and deed, and also saw Joseph Fields sign it. Signed Anderson Crowder; John Lyons, Q. U. Recorded April 18, 1810. (Deed Book I, p. 146A and B)

William Wilbourn’s Deeds

Let’s return to William and Cairy. These documents are about buying and selling land. The basic data are abstracted and offered here.

May 5, 1802:

William Wilbourn buys land for $250.00. The Hibler (seller) and Quarles (witness) family names figure prominently in Edgefield District. Jacob Hibler’s wife Jincy swears privately that she agrees to the Deed without any compulsion. Deeds have this feature, but sometimes do not. It is a good way to learn the wife’s first name, if no will can be found. (Deed Book 25, pp. 125-27)

April 14, 1808:

Edgefield District. William Wilbourn received a bond from Thomas Evans and wife Elizabeth to make good title to 122 and ½ acres on Cuffeetown Creek, to be paid before December 25, 1808. The property adjoined those of Thomas Wilbourn, Sr. Jacob Hibler, and Mary Ann Morton, and known by the name of Liberty Hill, whereon William Wilbourn now resides. Witnessed by Thomas F. Wilbourn and Jeff Sharpton, June 2, 1810. (Deed Book 30, p. 136)

November 28, 1809:

Edgefield District. William Wilbourn and his brother Jeremiah receive tracts of land in Edgefield District, from their father-in-law William Hudson. William and Jeremiah married two sisters, Cairy and Polly Hudson. Here is an abstract of the gift (see the previous section) (Deed Book I, page 146 in Laurens County; and Deed Book 30 p. 29 and 40 in Edgefield).

June 13, 1810:

Bond for a Deed. William Wilbourn to Jonathan Fox. $4000.00 [a huge amount, incidentally]; 14 acres; condition title to a plantation to be assigned to Fox one year from this day, where Jonathan Fox now resides on waters of Cuffeetown Creek, adjacent to William Wilbourn, Thomas Wilbourn Sr. Charles Williams, road to Charleston. Witnesses: John Lyon, Ruch’d [sic, Richard?] Quarles, William (X) Wilbourn, B. Hightower, JP; recorded Mar 29, 1813. The X in the middle of William’s name means that he signed his mark, not write out his signature. Proven November 5, 1812. Note: William Wilbourn and Thomas Wilbourn Sr. have adjacent property (Deed Book 31, pp. 283-84)

December 1, 1810:

Edgefield District and Laurens District. William Wilborne sells to William Arnold of Laurens District 100 acres of land for $200.00, lying on Beaversdam Creek, waters of Rudy River, formerly owned by Reuben Lyles and before him by William Hutton. William (X) Wilborn, witnessed by John Thomas and Benj’d Arnold. John Lyon is the Justice of the Quorum. Cairy Wilborn relinquished her dower April 6, 1812. It appears she signed her name, though it was the clerk who recorded her signature as Cairy Wilborn. (Deed Book I, p. 279)

January 13 and 14, 1812:

Deed of Conveyance. John C. Allen, Esq. and former sheriff, to William Wilbon [sic]. Thomas Evans and his wife Elizabeth sought a partition of the land of Joseph Morton, deceased. John C. Allen advertised 122 acres of land and on the first Monday of December of 1806, William Wilbourn was the highest bidder at $931.00, which he paid. Property is bounded by land of William Wilbourn, Thomas Wilbourn, the heirs of Bishop, Richard Quarles and M’s (?) Morton; signatories: Jn. C. Allen, Thomas W. Morton, M. Mims, S[_] Butler, CCP; land surveyed by John Lyon (?) on July 15, 1805; a map is drawn. (Note that William Wilbourn and Thomas Wilbourn have neighboring farms.) (Deed Book 31, pp. 18-20)

November 25, 1813:

Deed. Thomas Wilbourn sells to William Wilbourn. $425.00, paid by William Wilbourn, 232 acres. Witnesses: Edmund Settle, Cadwell Evans, John Lyon, Q.U.; signed: Thomas (X) Wilbourn. Plat shows 85 acres adjacent lands of Thomas Wilbourn, Morton F. Wilbourn, Bennett, and course of Cuffeetown Creek. Thomas Wilbourn and William Wilbourn have neighboring farms. The X in the middle of Thomas’ name means that he signed with his mark, not his signature. (Deed Book 31, p. 493)

November 6, 1815:

Sheriff’s Title. James M. Butler to William Wilborn. In a Writ of Fieri Facias, William Wilbourn was the highest bidder at $310.00, which he paid. No acreage is given that I can find. Names: Gideon Gates, Samuel Hooper, Hugh Mosely, Stephen Mantz, William Thomas, Elizabeth Dorness (?), Stith Harrison, M. Mims, CCP; recorded November 6, 1815. (Book 32, pp. 387-88)

August 5, 1816:

William Wilbourn owned property adjacent to some that Whitfield Brooks, Esquire, Commissioner of Court of Equity, sold to Matthew Mims. The property was on Cuffeetown Creek, adjacent to lands of Matthew Barrett, William Wilborn, Thomas Morton, and Jonathan White. (Deed Book 33, page 319)

December 13, 1816:

Edgefield District. William Wilbourn owns property adjacent to some being sold by Matthew Mims to Henderson Wade. The property was adjacent to lands of owners named in the deed August 5, 1816. (Deed Book 33, p. 364)

March 3, 1817:

Deed. Henderson Wade sells to William Wilbourne, for $450.00, no acreage given but a map is drawn, from a survey done by E. Settle on January 7, 1817; however, an abstract books says it was 80 acres. Signatories and Witnesses: Wade Henderson, William Thurmond, Champin [sic] Wilbourne, Robert Walker, JP; recorded March 4, 1817 (Book 33, pp. 364-65) Note: Henderson married William’s (probable) sister Elizabeth (see their section, above).

May 5, 1819:

Deed. William Wilbourn sells to Robert Harrison, $300.00, no acreage but a description given and map drawn. The plat shows 19 acres adjacent to Thomas Wilbourn, William Wilbourn, Campass [Cornpass, Cainpass] Road. Signed: William (X) Wilbourn; wit: Alexander E. Harris, W. A. Gowdy, William Thurmond; Cairy Wilbourn, wife of William Wilbourn, relinquishes her dower rights; recorded October 7, 1819. Note that William signed with his mark (X), not his signature, and her name is spelled Cairy. (Book 36, pp. 227-29)

January 13, 1826:

William Wilbourn sells land for $50.00 to E. B. Hibler, on the waters of Cuffytown Cr. and Stevens Cr. “Personally came before me Edw[ard] Settle and made oath that he [was] present and saw William Wilbourn and Carey Wilbourn sign Seal and acknowledge the within deed or Instrument of Writing for the uses and purposes within mentioned and that J N Casey was a subscribing Witness with himself to the due execution thereof.”

May 1, 1827:

William sells land three acres and six chains of land for $36.00 to Edmund B. Hibbler, in the village of Liberty Hill. (Book 45, pp. 154-55). This may be the last land transaction that William did, until his death March 24, 1828.

William Wilbourn’s Will

March 3, 1827. Note that William wants Champion his son’s heirs to receive a share of the property and appoints Elizabeth (Betsy) Ann (Champion’s wife) to be their guardian. John Anderson is her brother. As far as I know up to now, Champion died intestate and he did not have any land, though he witnessed many land transactions. His father’s will is invaluable in securing the links in the family chain. Further, it is best to transcribe Jane’s nickname as Geny (= Ginny or Jennie), not Gurey or Jerry and so on. The old r’s can look like n’s, so the misreading is easy to do. (Will Book C, p. 362)

Transcription begins:

                                                William Wilborn Will

In the name of God Amen.  I William Wilborn of the District of Edgefield and State of South Carolina being in a low state of health but not as yet lost my usual reason and understanding and knowing that it is appointed for all men to die do make this my last will and testament, viz.  My wish and desire is that my Beloved wife Cary Wilborn do have the plantation and tract of land where on I now live which is the whole of my land and one half of the Mill on Cufferton Creek also all my stock of horses cattle hogs, &c one negro boy by the name of Key a woman by the name of Lucy and her three children all this property I give my wife during her natural life or widowhood and increase of either.  I wish the whole of the property sold on a credit of twelve months and equally divided among all my children including the Heirs of Champn [sic] Wilborn  I do also appoint Betsy Ann Wilborn guardian for the three children she has by my son Champion Wilborn my will and desire is that the whole of the rest of my property be sold immediately after my death on a credit of twelve months and after paying my just debts be equally divided between all my children, viz.  the heirs of Champin [sic] Wilborn Elizabeth Wilborn Peter H Wilborn Kitty Wilborn John Wilborn Geny Wilborn Mary Wilborn Dicy Wilborn and James Wilborn  and I do appoint my wife Cary Wilborn and my son Peter H Wilborn executors to this my last will and also appoint them guardians to the above last named five children 3rd day March 1827.

Signed sealed & delivered in the presents

William (X) Wilborn [his mark]

William Thurmond     

John Anderson

E. B. Belcher

Proved by the oath of John Anderson Witness to the written the 7th April 1828 same time qualified Peter H. Wilborn Exc

M Simkin[s]

O. E. D

Recorded by W. J. Simpkins the 21st May 1828

Transcription ends.

Here’s an image of one copy of the will (scroll down and click on his name. Next to his name is a little image. Click on it too):

http://www.usgwarchives.net/sc/edgefield/wills.htm

March 3, 1827 and April 7, 1828 and May 21, 1828. Another copy of the Will. The slave named Key in the previous Will becomes King in this one. The other documents read King. As noted for the previous will, it is best to transcribe Jane’s nickname as Genney (= Ginny or Jennie), not Gurney or Gurey or Jurey (Jerry), and so on. The old r’s can look like n’s, so the misreading is easy to do. In this copy the clerk spells Champion’s name consistently and correctly – Champion. John Anderson is Betsey Ann’s brother and Champion’s brother-in-law.

Box no. 31.

pkg no. 1120

Will

William Wilbourn

deceased

Peter H. Wilbourn

Exor

Filed

April 7 1828

Wm Wilbourn dec’d

Will

Proved by the Oath

of John Anderson

Witness to the Within

the 7th April 1828

Same time qualified

Peter H. Wilburn Exc.

M. Simkins

31 O.E.D.

1.120

1 9 9

Recorded in Book

C. page 363 the

21st May 1828

M Simkins

O.E.D.

In the name of God Amen   I William Wilborn of the District of Edgefield and State of South Carolina being in a Low State of Health but not as yet Lost my usual reason and understanding & knowing that it is appointed for all men to die do make this my Last Will and Testament {viz} my wish and desire is that my Beloved wife Carey Wilborn do have the plantation and Tract of Land where on I now live which is the whole of my Land and my Half of the Mill on Cuffertown Creek also all my Stock of Horses Cattle Hogs &c one negro boy by the name of King a woman by the name of Lucy and her three Children all this property I Give my wife during her natural Life or Widow Hood and in case of Either I wish the whole of the Property Sold on a credit of Twelve months and Equally divided among all my Children including the Heirs of Champion Wilborn  I do also appoint Betseyann [sic] Wilborn Gardian [sic] for the three Children She has by my Son Champion Wilborn  my will and desire is that the Whole of the rest of my property be Sold imediatly [sic] after my death on a credit of Twelve months and after paying my Just debts be equally divi’d [sic] Between all my Children {viz} the Heirs [of] Champion Wilborn Elizabeth Wilborn Peter H Wilborn Kitty Wilborn John Wilborn Genney Wilborn Mary Wilborn Dicey Wilborn and James Wilborn and I do appoint my wife Carey Wilborn and my Son Peter H Wilborn Executors & Ex to this my Last will and also apoint [sic] them Gardians [sic] to the above Last named Children Five Children 3 day March 1827

William (X) Wilborn [his mark]

Signed Sealed &}

delivered in the Presents

William Thurmond

John Anderson

E B Belcher

South Carolina}

Edgefield District}

Personally appeared before me John Anderson Who being duly sworn declareth on his said Oath that he saw William Wilbourn Sign Seal and declare the within to be & contain his last Will & testament & that he the said Wm Wilbourn was then in his perfect mind memory and understanding to the best of the deponant [sic] knowledge and [be]lief & that he together with William Thurmon & E B. Belcher [d]id Sign their names as witnesses thereto at the request of the testator & in his presence Same time Qualifyed [sic] Peter H. Wilburn Exc.  Given under my hand at my Office 7th April 1828

M. Simkins

O.E.D.

Inventory and Appraisement

April 7, 1828. This preprinted document orders Peter H. Wilbourn, son of William Wilbourn, deceased, to take an Inventory of his father’s goods and chattels, on or before June 2, 1828. The handwritten, filled-in blanks are indicated by italics font.

Letters Testamentary, — Printed at the Republican Office Pottersville

State of South Carolina, Edgefield District

By John Simkins, Esquire, Ordinary of the District aforesaid

To All to Whom These Presents Shall Come, Greeting:

Know Ye, that on the Seventh day of April in the year of our Lord, one thousand eight hundred and Twenty Eight the last Will and Testament of William Wilbourn late of this district, deceased, was proven in open Court, and approved and allowed of before and by said Court, and the administration of all and singular the Goods and Chattels, Rights and Credits of the said deceased, within this State, was thereupon granted, and committed by the said Court unto Peter H. Wilbourn named executor in the said Will he being first duly sworn, well and faithfully to administer and make full and perfect Inventory of all and singular the said Goods and Chattels, Rights and Credits, and to exhibit the same Inventory into the office of the Clerk of the Court of Ordinary aforesaid, in order to be recorded, on or before the Second day of June next, and to render a true and just account, calculation, and reckoning thereof, when thereunto required.

Witness John Simkins Esquire, Ordinary of the said District, the Seventh day of April in the year of our Lord one thousand eight hundred and Twenty Eight and in the fifty second year of American Independence

M. Simkins, PS

OED

April 7 and May 22, 1828. This preprinted document says about the same as the previous one, but it swears in three men to evaluate the property, real, moveable, personal, and human. The handwritten, filled-in blanks are indicated by italics font.

Warrant of Appraisement, — Printed in the SC Republican Office

State of South Carolina

Edgefield District

By John Simkins Ordinary of the Said District

These are to authorize and empower you, or any three or four of you, whose names are here under written, to repair to all such parts and places within this state, as you shall be directed unto by Peter H. Wilbourn, Exc’ of all goods and chattles [sic], rights and credits of William Wilbourn, deceased, wheresoever any of the said goods and chattles are or do remain within the said part and places, and which shall be shewn into [sic] you by the said Peter H. Wilbourn and there view and appraise all and every goods and chattles, being first duly sworn on the Holy Evangelists of Almighty God to make a true and perfect inventory and appraisement thereof, and to cause to be returned under your hands, or any three or four of you, unto said Peter H. Wilbourn on or before the Second day of June next.

Witness John Simkins Esq. Ordinary of the said district, the Seventh day of April in the year of our Lord eighteen hundred Twenty Eight and in the Fifty Second year of American Independence.

To Messrs. Edmond Hibler, Wm Quarles, Cadwell Evans, and James Lamkins, App’ [Appraisers]

Memorandum

That on the twenty second day of May in the year of our Lord eight hundred and twenty eight personally appeared before me Thomas W. Morton one of the Justices assigned to keep the peace in the district aforesaid being three of the appraisers appointed to appraise the goods and chattles of William Wilbourn, late of said district, deceased, who being duly sworn, made oath that they would make a just and true appraisement of all and singular, the goods and chattels of the said William Wilbourn deceased, as shall be produced by Peter H. Wilbourn Executor of the estate of the said deceased, and that they would return the same, certified under their hands, unto said Peter H. Wilbourn Executor on or before the Second day of June next.

Sworn the say and year above

Written, before me, Thos. W. Morton

E. B. Hibbler

William Quarles

Cadwell Evans

On or before June 2, 1828. William Wilbourn was a prosperous plantation owner, so he owned a lot of property, including slaves.

Do = ditto

Here is the tally of the Inventory and Appraisement.

 

A Just and true Inventory and Apraisement [sic] of the Goods and Chattles of William Wilbourn Dec’d $ Cts
6 Shovel Ploughs Stocks & Irons 9 00
6 Couter [sic] ditto do 5 00
2 Coulter  do   do 1 50
1 Scraper & Irons $1.00;1 ditto 25c 1 25
1 Dagon plough 3 00
6 Club Axes $6.00;1 broad Ax $1.50 6 50
5 Mattocks  $3.00; 3 Iron wedges $1.50 4 50
16 Weeding hoes $7.00; 1 Shovel  87½ 7 87 ½
1 Cross Cut saw $1.00; 2 hand saws $1.50 2 50
1 Lot of tools $1.50; 1 Grind Stone $3.50 5 00
1 Lot of Coopers ware $2.25; 1 Lot Casting  $8.00 10 25
1 Loom 4 Slays [sic] 4 pr  harness 10 00
3 Spinning Wheels $5.00; 7 pair [Grar] $8.00 13 00
1 Road Waggon $20.00; 1 Ox cart  $5.00 25 00
1 Still-  $6.00; 1 Log Chair $1.50 7 50
30 head hogs at the house 45 00
31 head ditto at the Mill 40 00
1 Sorrel horse  Mike $45.00; 1 Sorrel Mare $50.00 95 00
1 black Colt $25.00; 1 Sorrel Colt $20.00 45 00
1 Bay Horse $55.00; 1 [Twig] Mare & Colt $55.00 110 00
1 Sorrel horse $25.00; 1 blend horse $10.00 35 00
1 Sorrel Mare 55.00; 2 yoke of oxen $60.00 115 00
1 Cow calf & heifer $18.00; 1 Cow & Calf $7.00 25 00
1 Cow & Calf $8.00; 1 Cow & Calf 12.00 20 00
642 87 ½
New Page $ Cts
1 Cow & Calf $7.00; 1 heifer $5.00; 1 heifer $5.00 17 00
1 heifer $5.00;1 cow and Calf $8.00; 1 cow & calf $8.00 21 00
2 Tables $2.50; 1 Cupboard $8.00; 1 Walnut sideboard 15.00 25 50
1 Small Cupboard $1.50; 1 Common sideboard 1 50; Wood Clock $1 4 00
13 Setting Chairs $3.00; 1 Lot Store ware 3.00 6 00
1 Clock Real 1.00; 1 Lot Crockery  4.12½ 5 12 ½
1 Lot Glass ware 1.50; 1 Lot Puter [sic]  2.50 4 00
1 Coffee Mill  $1 00; 3  Candle Sticks  50 ct 1 50
x 1 Lot Books 6.00  1 Wire Trap 25 ct 6 25
2 trunks & Chest $3.00  1 Trunk 1.00 1 bureau $2.00 6 00
1 Cupboard and Table $2.50; 1 Lot tin 25 ct; 2 [F] Irons 1.00 3 75
1 Feather bed & furniture $13.00 1 Ditto $17.50 30 50
1 Feather bed & Furniture $20.00  1 Ditto 18.00 38 00
4 Ditto do $55.00; 1 Lot bed cloths $35.00 90 00
Corn and Fodder 80 00
1 Negro Man Bart 200 00
1 Ditto  do King 325 00
1 Ditto  do Charls [sic] 325 00
1 Ditto  do Sank 300 00
1 Ditto Girl Winny 325 00
1 Ditto  do Eliza 300 00
1 Ditto  do Frankey 275 00
1 Ditto  do Barbra 175 00
1 Ditto  do Vince [sic] 150 00
2713 62 ½
New Page $ Cts
1 Ditto Woman Betty & Three Children:  Amy Milly Penny 550 00
1 Woman Nicy & boy James 400 00
1 Negro Fellow Ned and Wife Ester 250 00
1 Ditto  Jinny [sic] 100 00
1 Ditto  Sally and Husband Boob [sic] 100 00
1 Ditto Girl Kizzy 300 00
1   do   Boy Phil 180 00
1 Woman Fanny 50 00
1 Fellow Barn[e]t 1 [sic]
1 Woman lucy and 4 Children: Elen Rachel Iris Silvy 700 00
2601 00
2713 62 ½
642 87 ½
5957 50
Wee [sic] the undersigned subscribers do certify that We have made a Just and True Inventory and Appraisement of the goods Chattle of William Wilbourn Dec’d According to the best of our Judgement

C. B. Hibbler

William Quarles

See the post “My ancestor owned slaves”:

The Mill Case

This series of documents concerns the Mill Case. Cairy Wilbourn, wife of William Wilbourn, deceased, would like to sell out her half ownership of a Mill and Mill seat. Her half devolved to her after William’s passing. The other half was owned by William Thurmond. It seems they got a buyer: William Quarles. The judge, Henry M. De Saussure, confirmed the sale and purchase.

The second document, not-so-incidentally, names the children and grandchildren of William. Elizabeth Ann Wilbourn, who married Champion, and their son Amonet are our direct line. He is the grandfather of Ella Washington (Rae) Wilbourn, our grandmother. If anyone needs legal proof of family connections, here it is in the Mill Case.

No. 332

In Equity

Edgefield District

Cary Wilbourn & others

William Thurmond

Bill for Sale of Land

Butler and Griffin, Compl’s so’ls [Complainants Solicitors]

Filed 12 June 1828

Cary Wilbourn & others

vs.

William Thurmond

Bill for sale of Land

The Bill states that William Wilborn and Wm Thurmond became joint owners sometime in the year eighteen hundred and [blank] and [blank] of a certain Mill & Mill seat in Edgefield District, that the said Wm Wilborn died in eighteen hundred and [blank] having his last will and testament duly executed, wherein he devised to your oratrix, his widow the said Cary Wilborn, a life estate in his half of said Mill and Mill seat [careted in: other with remainder other compl’s] sometime before the death of said Wm Wilborn, the said Mill, for want of repairs, was of but little profit to the said owners that it is now in a mist ruinous condition, the complainant the said Cary Wilborn, surrenders her life estate and prays together with the others compl’s the legatees of said Wm Wilbourn, that the Mill and Mill seat may be sold for their benefit.

No date.

State of South Carolina

Edgefield District

In Chancery

To the Honorable the Chancellors of said State, Humbly complaining, shew unto your honors your oratrices and orators, Cary Wilborn in her own right and as Guardian of Jane Wilborn, John Wilborn, Mary Wilborn, James Wilborn, and Dicey Wilborn, Elizabeth Ann Wilborn, Guardian of William Wilborn, Amonett Wilbourn, and Sarah Wilborn, William Web and Elizabeth, his wife, formerly Elizabeth Wilborn, Peter H. Wilborn and Kitty Wilborn, that, William Wilborn the late husband of your oratrix the said Cary Wilborn, the father of the said Jane, John, Mary, James, Dicey, Peter H. and Kitty Wilborn [careted in: & the said Elizabeth] and the grandfather of the said William, Amonett, and Sarah Wilborn, sometime in the year eighteen hundred and [blank] became the joint purchaser with William Thurmond, Esquire of a mill & mill seat situate on Coffee town [sic] Creek in said district, that the said William Webborn [sic] on the [blank] day of [blank] Eighteen hundred and [blank] departed this life having previously by executed his last will & testament wherein he devised to your oratrix his said widow a lifeestate [sic] in his portion of the said mill & mill seat with a remainder over to his said children and grandchildren aforementioned;

That for sometime previous to the death of the said William Wilborn the said mill was of little value to its owners for want [of] repairs, that at the present time it is in a useless and dilapidated condition, your oratrix the said Cary Wilborn sheweth unto your Honors, that, although under the will of her husband, she is entitled to a lifeestate [sic] in one half of said mill and mill seat,, she is willing to surrender it and is very desirous that the said mill and mill seat may be disposed of for the immediate benefit of the children and grandchildren above mentioned, of her said husband.

In consideration whereof, your oratrices and orators, in as much as the said mill & mill seat cannot be divided, pray that this Honorable would decree that the same may be sold by the Commissioner of the Court on such terms and at such time as your Honors may seem meet and proper, and grant such other relief as may be agreeable to Equity, Your oratrices & orators pray that the said William Thurmond may be compelled to answer on oath matters & things in this Bill. & may it please your Honors to grant your writ of subpoena &c.

Butler & Griffin

Compl’s Sol’s [Complainants’ Solicitors]

June 1828

Cary Wilborn & others

v.

Wm. Thurmond

Bill for Sale of Land

On motion ordered that it be referred to the Commissioner of the Court to report whether it will be most for the benefit of all parties concerned that the land should be sold.

Henry M. De Saussure

June 1828

No date, but on same sheet of paper as the fifth document, next.

Cary Wilborn and others

Wm Thurmond

This case having been referred to me to report whether it would be most for the benefit of all parties concerned that the mill and mill seat described in the Bill of Complaint should be sold, I beg to report leave that from the testimony of Cadwell Evans, Walker Monday, and L Fran [cut off in copying] Clement as to the ruinous condition of said mill and mill seat, it would be most for the benefit of all parties in interest that the same should be sold on a credit of one and two years.

Whit. Brooks

CEED

June 18 and 19, 1828, on same sheet of paper as the previous document.

Cary Wilborn & others

v.

Wm Thurmond

On motion of Butler and Griffin Compl’s Sol’s ordered that the Report of the commissioner be confirmed & that the mill & seat including one half acre on each of side of Cuffer Town [sic] Creek in the District of Edgefield near Liberty Hill, be sold by the Commissioner of this Court on the first Monday in August next on a credit of one & two years, purchasers giving bond & security. The rest to be paid in cash & deducted from the purchaser money

June 18, 1828

[Judge] Henry M. De Saussure

19 June 1828

July 12, 1828

South Carolina

Edgefield District

The answer of Wm Thurmond to the Bill of Carey Wilborn and others

The Defendant saving and reserving to himself all manner of benefit &c for answer ___ unto the said Bill of Complaint or unto so much as he is advised it is material for him to answer, answering saith, that he did become the purchaser with the said William Wilborn deceased, of the mill seat & mill described in Complainant’s Bill, that for sometime before the death of said William the mill [was] much in want of repairs, that it is at present in a very ruinous condition and that he is perfectly willing that the same be sold on such terms and at such time as the Court may see proper to order. This Defendant prays to be dismissed hence, &c.

W. Thompson

For Def’t

Wm Thurmond swears that the matters & things in this answer are true

W Thurmond

Sworn to before me

12 July 1828

Whit. Brooks

CEED

June 19, 1829 [sic]

Cary Wilborn & others

v.

William Quarles

Bill for Sale of Land

Whereas this Court having made an order at June term 1828 for the sale of the Mill and Mill seat described in the Bill of Complaint, and the said sale having been postponed by the parties in interest & the interest (being one half) of William Thurmond the Defendant, in the said Mill and Mill seat having been sold at Sheriff’s Sale, under an execution from the Court of Law, at which sale William Quarles became the purchaser of the interest of the [said] William Thurmond and the Complainants as well as the said William Quarles, being anxious that the original order for the sale of the said premises, should be carried into effect. It is therefore on motion of Butler and Griffin and by consent and request of William Quarles, it is ordered that the Commissioner of this Court do advertise and sell the said Mill and Mill seat on the first Monday of August next on a credit of twelve months, the purchaser to give bond and security for the purchase money and pay the cost of this [rest?] in cash, this further ordered that the Commissioner when he collects the money arising from said sale, pay over the same to the parties according to their respective interests therein and for so doing, he may be allowed to retain a reasonable commission.

June 19th, 1829 [sic]

[Judge] Henry M. De Saussure

19th June 1829 [sic]

Peter H. Wilbourn v. Cairy Wilbourn

Now for the fireworks. This series of documents covers Peter Hudson Wilbourn’s lawsuit against his own mother Cairy (Hudson) Wilbourn. Recall that Hudson is Peter’s middle name, and it is Cairy’s maiden name. I have numbered the documents, for convenience.

Here is the sequence of events, apart from the Land Deeds, above.

  • Elizabeth (Betsy) Ann married Champion Wilbourn, and they are our direct line. They produced William, Sarah, and Amonet. Amonet is our direct line and the grandfather of Ella (Rae), our grandmother.
  • William Wilbourn draws up and confirms his Will on March 3, 1827, mentioning Champion and Betsy Ann Wilbourn and their three heirs.
  • 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 H. Wilbourn initiates a lawsuit against his mother Cairy Wilbourn. On that date, the Court of Equity issues a Sub Writ ad Respondendum, which requires Cairy (Hudson) Wilbourn, William and Jane (Wilbourn) Newman (son-in-law and daughter), and Elizabeth Ann Wilbourn (daughter-in-law) to respond to Peter H. Wilbourn’s Bill of Complaint, alleging that the widow Cairy Wilbourn, Peter’s mother, mismanaged the estate.
  • The judge renders his verdict in June 1831, which most favors widow Cairy Wilbourn, 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.
  • Cairy Wilbourn sells the farm or plantation on December 2, 1834, for $995.00.

1. No date. Peter Wilbourn hires the law firm of Bauskett and Wallace and asks them to the issue an injunction against Cairy Wilbourn, for mishandling the estate and deflating its value during its sale (as Peter saw things). This complaint says that William died on March 24, 1828.

Interestingly, it says that during the estate sale Cairy showed “symptoms of distress,” which, Peter claims, deflated the value of the items and the slaves, because the buyers hesitated to bid against her. This document asks for a “writ of subpoena” to be sent to the soon-to-be defendants.

No. 397

Edgefield

In Equity

Peter H. Wilbourn, Exor & others

vs

Cary Wilbourn, Exor & others

Bill for Account, Relief and Injunction

The State of South Carolina

Edgefield District

In Chancery

To the Honorable the Chancellors of the said State

Humbly complaining show unto your Honors your orators and oratrixes, Peter H. Wilbourn, William Webb and Elizabeth his wife, Catherine Wilbourn, and the four following minors John Wilbourn, Mary Wilbourn, Dicy Wilbourn and James Wilbourn, who sue here by the said Peter H. Wilbourn their guardian and next friend,

That William Wilbourn late of the district and State aforesaid, departed this life on or about the twenty fourth day of March in the year one thousand eight hundred and twenty eight leaving a last will and testament in which he disposed of his property as follows, “My wish and desire is that my beloved wife Cary Wilbourn, do have the plantation and tract of land whereon I now live, which is the whole of my land, one half of the mill on Cufferton Creek, also all my stock of horses cattle, hogs and cows, one negro boy by the name of King, a woman by the name of Lucy and her three children, all this property I give my wife during her natural life or widowhood, and in case of either I wish the whole of the property sold, on a credit of twelve months and equally divided among all my children including the heirs of Champion Wilbourn  I do also appoint Betsey Ann Wilbourn guardian for the three children she has by son [sic] Champion Wilbourn.  My will and desire is that the whole of the rest of my property be sold immediately after my death on a credit of twelve months and after paying all my just debts be equally divided between all my children viz, the heirs of Champion Wilbourn, Elizabeth Wilbourn Peter H. Wilbourn, Catherine Wilbourn, Jiny Wilbourn, John Wilbourn, Mary Wilbourn, Dicy Wilbourn & James Wilbourn.” And to the execution of the said Will he appointed his wife Cary Wilbourn and your orator Peter H. Wilbourn Executrix and Executor, and also appointed them guardians to the five last named of his children.

That at some short time thereafter the said last will was regularly admitted to probate and your orator the said Peter H. Wilbourn and the said Cary Wilbourn qualified as executor and executrix thereon.  That according to the directions of the said will your orator Peter H. Wilbourn and the said Cary Wilbourn on or about the fifteenth day of December one thousand eight hundred and twenty eight made public sale of the whole personal estate of the said testator except that part which had been bequeathed to his widow during life on a credit of twelve months for the sum of four thousand one hundred and seventy one dollars six and a fourth cents, as will more fully appear by a copy of the sale bill herewith filed marked, Exhibit A.

Your orators and oratrixes further show unto your Honors that at the sale so made as aforesaid the said Cary Wilbourn was present and purchased Nine negroes, to wit, Betsey and her three children, Amey, Milley and Penny, a negro woman Jinny and child Viney, Barbara, Philip and Iris, at and for prices not exceeding two thirds of their value or what they would have sold for but for her personal presence and by weeping and other symptoms of distress exciting the sympathies of the bidders and thereby prevented them from bidding against her and the property from selling for its full value.  That the said Cary Wilbourn availing herself of her right as executrix took the property into possession refused to give any note or any obligation for it as [sic] has kept it ever since and has never rendered any account for it:  which sale and purchase so made by the said Cary Wilbourn of the said nine negroes your orators and oratrixes charge to be absolutely null and void.

Your orators and oratrixes further show unto your honors that William Newman on or about the [blank] day of [blank] intermarried with Jane Wilbourn one of the daughters of the said testator and that he and his wife have continued to reside with the said Cary Wilbourn ever since their said intermarriage.  That by the will of the said testator the said Cary Wilbourn was entitled fairly to use and enjoy the said tract of land during her natural life or widowhood, but on the contrary thereof the said Cary Wilbourn and the said William Newman with a joint intention to destroy and impair the value of the remainder in said tract of land have united their forces and been engaged in clearing the wood land, cutting down halling [sic] off and selling the timber and instead of resting so much of the land as was not necessary for her own cultivation, she has employed the force of the said William Newman or permitted him to cultivate a portion of it, and has rented out a part of it to other persons; all which acts your orators and oratrixes charge to be waste and injurious to their rights in the remainder of the said tract of land and against the intention of the testator.

Your orators and oratrixes further show unto your honors that the said Cary Wilbourn has either by herself or through the agency of the said William Newman who lives with her sold and disposed of a part of the stock bequeathed to her during her natural life, and as an instance they would mention that she had sold one horse to Stephen Stalnaker and some hogs to Peter Quattlebaum; all which with many other acts of which your orators and oratrixes have heard are contrary to the intention of the said testator–

They further show unto your honors that the said William Newman has boasted that he intends to work the best of the land and by the time the life estate is determined he will have cleared up and exhausted the best of the land and rendered it valueless to the rest of the children– all which actions and doings are contrary

They further show unto your honors that your orators and oratrixes, John, Mary, Dicey and James are minors living with their mother but were not sent to school for the last or the present year, and your orator Peter H. Wilbourn not having a controul [sic] over them is anxious to be relieved from his obligation as testamentary guardian under the will of the said William Wilbourn

In tender consideration whereof and for as much as your orators and oratrixes are remediless by the strict rules of common law and cannot have adequate relief except in a Court of Equity where matters of this kind are cognisable and relievable—

To the end therefore that the said Cary Wilbourn, William Newman and Jane his wife and Elizabeth Ann Wilbourn as guardian of her three minor children full true and perfect answers may make to all and singular the matters and things herein contained and set forth and that as fully as if the same were here again repeated and they particularly interrogated thereto, and that your honors would by an order and decree of this honorable Court set aside as null and void the sale and purchase of the said nine negroes by the said Cary Wilbourn and that the same be resold for the benefit of the legatees of the estate, and that the said Cary Wilbourn be ordered to account for the hire of the said nine negroes during the time she shall have had them in possession; that the said Cary Wilbourn may be enjoined from committing waste upon the said tract of land, and disposing of the stock bequeathed to her by the said last will and testament; and she together with the said William Newman may be ordered to account for the injury and waste done to the said land and for the value of the property disposed of; and that the said William Newman be prohibited from cultivating the said land or any portion thereof; and that your honors would appoint a guardian in chief for the said minor children, and such other and further relief as the nature of the case shall seem to require and to your honors shall seem agreeable to Equity and good conscience;- May it please your honors to grant unto your orators and oratrixes the writ of subpoena to be directed to the said Cary Wilbourn William Newman and Jane his wife and Elizabeth Ann Wilbourn requiring them on a day certain and under a certain penalty to be and appear in this honorable Court to answer this bill and to abide by and perform the order and decree of this Court in the [promises]– and your orators and oratrixes as in duty bound will ever pray &c–

Bauskett & Wallace

Compts’ Solc’rs

2. May 4, 9, and 20, 1831. Here is the “writ of subpoena” asking the defendants to respond. They must do so on May 20, 1831.

In Chancery

Edgefield

Peter H. Wilbourn

Exor & others

Vs. Cary Wilbourn

Ex’x & others

Sub ad Respond.

State of South Carolina

Sub writ ad. Respondendum.

To Cary Wilbourn, William Newman and Jane his wife, and Elizabeth Ann Wilbourn, Greeting:

For certain causes offered before the Judges of the Court of Equity of the said State, in the Court of Equity at Edgefield Court-House, in and from the Equity District of Edgefield in a certain Bill of Complaint there exhibited against you by Peter H. Wilbourn Executor and others Complainant you are commanded and strictly enjoined that you appear in the said Court of Equity, at Edgefield Court-House aforesaid, on the twentieth day of May, instant, to answer the said Bill of Complaint and further to do and receive what the Court of Equity shall consider in the premises; and that you do file with the Commissioner of the said Court at Edgefield Court-House aforesaid, your plea, answer or demur to the said Bill of Complaint, within thirty days next after the day appointed for your appearance as aforesaid; and in default thereof, an order will be granted that the said Bill of Complaint, be taken as confessed, and an attachment may be issued against you. And have then and there this writ.

Witness: Whit. Brooks, Esquire, Commissioner in Equity for Edgefield District on the fourth day of May in the year of our Lord one thousand eight hundred and thirty one and in the fifty fifth year of the sovereignty and independence of the United States of America.

Bauskett & Wallace Comp. Sol.

91

____ in my office 4th May 1831

E. B. Belcher

I do hereby appoint Stephen Stalnaker my special deputy to serve this writ 4th May 1831

E. B. Belcher

O.E.D.

Stephen Stalnaker $8.00

South Carolina

Edgefield District

Personally appeared Stephen Stalnaker and made oath that he personally served the within Defendants with a true Coppey [sic] of the same sworn to before Me May 9th 1831

Stephen Stalnaker

Peter Quattlebaum, J. P. [= Justice of the Peace]

3. May 4, 1831. This injunction says about the same as the first one, above. It notes that William Newman, who married Jane Wilbourn, boasted that he would exhaust and use up the best of the land.

In Chancery

No. 397

Edgefield

Peter H. Wilbourn

Ex’or & others

vs

Cary Wilbourn

Ex’x & others

Brief of Bill

Bill for account, Relief and Injunction

Bauskett & Wallace Complts Solc’rs

Filed in my office 4th May 1831

Whit. Brooks

C.E.E.D.

Docket

No. 53

June 1831

Bill for account, Relief, and Injunction

Edgefield

Peter H. Wilbourn

Ex’or & others

In Chancery

Vs.

Cary Wilbourn

Ex’x & others

The bill is filed by Peter H. Wilbourn, Wm Webb and & [sic] wife Elizabeth & Catherine Wilbourn, and four minors John, Mary, Dicey and James Wilbourn by their next friend Peter H. Wilbourn- and states, Wm Wilbourn died on the 24th of March 1828 leaving a will disposing of his property as follows-  “my wish and desire is that my beloved wife Carey Wilbourn, do have the plantation and tract of land whereon I now live, which is the whole of my land; one half of the mill on Cuffer town creek; also all my stock of horses and cattle, hogs and cows, one negro boy by the name of King, a woman by the name of Lucy and her three children; all this property I give to my wife during her natural life or widowhood; and in case of either, I wish the whole of the property sold, on a credit of twelve months and equally divided among all my children, including the heirs of Champion Wilbourn; I do also appoint Betsy Ann Wilbourn guardian for the three children she has by son [sic] Champion Wilbourn.  My will and desire is that the whole of the rest of my property be sold immediately after my death on a credit of twelve months and after paying all my just debts be equally divided between all my children viz, the heirs of Champion Wilbourn, Elizabeth Wilbourn, Peter H. Wilbourn, Catharine Wilbourn, Jiney Wilbourn, John Wilbourn, Mary Wilbourn, Dicey Wilbourn & James Wilbourn”, and appointed his wife Exix and Peter H. Wilbourn Exor and guardians to the five last named of his children.

That shortly afterwards the will was proved & your orator & Cary Wilbourn qualified thereon, and on the 15th of Dec. 1828 sold the property on a credit of 12 months for $4171.06¼ – as per sale bill A.

That at the sale Cary Wilbourn purchased Nine negroes (naming them) for not more two [sic] thirds of their value or what they would have sold for but for [careted in:] /her/ personal presence, weeping and other symptoms of distress which prevented persons from bidding against her; which property she has taken into possession, has given no note or any obligation for it, & has rendered no account for it, and it is charged that the sale & purchase of these Nine negroes are null & void.

That Wm Newman intermarried with Jane Wilbourn one of testator’s daughters on the [blank] day of [blank] in the year [blank] and they have resided with Cary Wilbourn ever since.

That by the will Cary Wilbourn was entitled fairly to use & enjoy the land during life or widowhood, but she and Newman with a joint intention to destroy & impair the value of the remainder in [sic] the land have united their forces & been engaged in clearing the wood land and selling the timber- and instead of resting so much of it as she does not cultivate, she permits Newman to cultivate part, and has rented part of it to others; all which is charged to be injurious to the remainder in the land & against the testator’s intention-

That Cary Wilbourn has either by herself or thro’ the agency of Newman, who lives with her, disposed of part of the stock given to her during life, as for instance she has sold a horse to Stephen Stalnaker & some hogs to Peter Quattleburn [sic], and [a word crossed out] these with other acts of which complainants have heard are contrary to testator’s intention.  That Newman has boasted that by the time the life estate is determined he will have cleared up & exh[a]usted the best of the land & rendered it of no value to the rest of the children-

That John, Mary, Dicey & James Wilbourn are minors living with their mother but were not sent to school the last or the present year, and your orator Peter H. Wilbourn not having a controul [sic] over them wishes to be relieved from his obligation as testamentary guardian.

The bill prays that Cary Wilbourn, Wm Newman & wife, and Eliz’th Ann Wilbourn as guardian of her three minor children may answer the matters set forth; that the sale and purchase of said Nine negroes by Cary Wilbourn be set aside as null & void, and that they be resold for the benefit of the legatees, and she be ordered to account for their hire during the time she shall have had them in possession; that she be enjoined from committing waste upon the land & disposing of the stock bequeathed to her by the will; that she and Newman be ordered to account for the injury & waste done to the land and for the value of the property disposed of; that Newman may be prohibited from cultivating any part of the land; that guardians in chief may be appointed for the said minor children, and such other relief as the case requires, & the writ of subpoena in the usual form against the defendants.

Bauskett & Wallace

Comp. Sol.

4. December 15, 1828. The previous two documents refer to Exhibit A and Bill of Sale A, and this Table is labeled Exhibit A.

 

Inventory of the Property of the Estate of William Wilbourn dec’d sold on the 15 day of December 1828
Pur[chaser’s] Name Articles Sold $ C.
Cary Wilbourn 2 plough stock & Irons 1 00
The same 2  d[itt]o      d[itt]o 1 00
Cadwell Evans 2  do      do 1 00
Cary Wilbourn 2 Coulters 4 ¾
Cadwell Evans 1 Scraper Stock & Irons 81 ¼
Cary Wilbourn 1 Dagon plough 3 50
The same 5 Weeding hoes 1 25
Jacob Hibbler 8   do    do 56 ½
Cadwell Evans 1 [Free] 51 ¼
Cary Wilbourn 3 Mattocks 1 50
William Webb 3 Grubing [sic] Hoes 62 ½
B. M. Martin 2 Club Axes 1 43 ¾
Cary Wilbourn 3  do   do 2 37 ½
Thos. J. Hibbler 1 broad Axe 1 06 ¼
Andy Reynold 1 Lot Chisels & Augers 57 ½
Cary Wilbourn 2 Sithes & [Coulter] 2 00
Thos. J. Hibbler Thos. J. Hibbler 62 ½
William Webb 1 Cross cut saw 1 00
Cary Wilbourn 1 hand saw 1 00
Eli Burnett 1 small pot & oven 3 06 ¼
Cary Wilbourn 1  do   do   do 1 00
The same 1 Large pot 50
Henry S Black 1 small pot 50
Cary Wilbourn 1 Waffle Grid l. & Hoe 3 37 ½
The same 1 Oven 1 00
The Same 2 Wash Tubs & piggin 1 25
Hugh Quarles 1 grind Stone 3 87 ½
Cary Wilbourn 5 barrels 25
The same 1 [fat] Vessel 50
Robert Lanair 1 Barrel 25
Cary Wilbourn 1 Loom & Trimming 10 00
The same 1 Spinning Wheel 3 50
Stephen Tompkins 1    do     do 1 37 ½
52 93 ¾
[New Page] $ C.
James Morris 1 Negro fellow Bart 206 00
Peter H. Wilbourn 1 Negro fellow Charles 310 00
William Webb 1 Girl Winny 370 00
Katharine Wilbourn 1 Girl Francis 300 00
Elizabeth A. Wilbourn 1 Girl Eliza 336 00
James Jones sen 1 Girl Kizie 300 00
Cary Wilbourn 1 Girl Barbbra 207 00
The same 1 Woman Ginny & Girl 221 00
The same 1 boy Philip 188 00
P. H. Wilbourn 1 Woman Nicy & boy Jim 305 00
Cary Wilbourn 1 Girl Iris 75 00
Joshua Harris 1 fellow bob & wife Sally 51 00
Cary Wilbourn 1 fellow Barnett 5 00
John Lyon 1 fellow & wife Ester 150 00
P. H. Wilbourn 1 feather bed & furniture 5 00
Cary Wilbourn 1    do        do 7 25
Henry [S] Black 1    do        do 7 25
Cary Wilbourn 1    do        do 4 00
[The same] 1 Table 25
William Webb 1 pine chest 37 ½
Cary Wilbourn 1 clock 37 ½
The same 1 large table 50
The same 1 Lot Crockery 1 00
E. A. Wilbourn 1 pine Table 1 50
Cary Wilbourn 1 Lot bed cloth 4 00
The Same 1 Lot  do   do 4 00
The Same 1 Lot  do   do 5 50
The Same 1 clock [R]eel 25
The Same 1 Trunk & Chest 75
The Same 1 coffee Mi[l]l 87 ½
The Same 2 Jugs 2 funnels & gal. pot 75
The Same 1 Lot Glass Ware 1 50
The Same 1 Lot Potery [sic] Ware 75
The Same 13 sitting Chairs 2 75
Seabron Stalnaker 1 Trunk 4 00
3076 62 ½
[New Page] $ C.
Eli Burnett 1 Spinning Wheel 50
Stephen Tompkins Sen 2 pair plough Gear 1 93 ¾
James Jones Sen 2  do    do 2 00
Robert Lanair 1 Lot Waggon Gear 1 12 ½
Cary Wilbourn 1 Road Waggon 31 00
The same 1 ox Cart 8 50
Joshua Harris 1 Log Chain 1 56 ¼
James E. Dawson 1 Still & Cap 1 87 ½
E. B. Hibbler 2 stacks of fodder 1 ch 3 00
Cary Wilbourn 2   do        do   2 3 12 ½
The same 2   do        do   3 3 12 ½
John B. Rountree 2   do        do   4 3 00
E. B. Belcher 2   do        do   5 3 00
E. B. Hibbler 2   do        do   6 3 00
E. B. Hibbler 2   do        do   6 3 00
The same 2   do        do   7 3 00
Cary Wilbourn 1000 lbs fodder ___ 31¼ 3 12 ½
George Coleman 1 Sorrel Horse [Mule] 60 00
Elizabeth A. Wilbourn 1 black filly 41 00
Cary Wilbourn 50 bushels Corn 37½ 18 75
The same 50   do     do  37½ 18 75
E. B. Hibbler 50   do     do  37½ 18 75
Cary Wilbourn 50   do     do  37 18 50
E. B. Hibbler 50   do     do  37½ 18 75
Cary Wilbourn 50   do     do  37 18 50
The same 50   do     do  37 18 50
The same 50   do     do  36 18 00
The same 50   do     do  36 18 00
E. B. Belcher 50   do     do  36 18 00
The same 20½  do     do  36 7 38
E. B. Hibbler 18   do     do  36 ¾ 6 72
Cary Wilbourn 1 Fan Mill 7 00
The same 1 Wheat Sieve 1 00
E. B. Hibbler 2 Pen Shucks 50
The same 2  do       do 3 00
Cary Wilbourn 2  do       do 3 00
Thos. J Hibler 1  [Lot]  do  do 1 75
388 68 ¾
[New Page] $ C.
E. A. Wilbourn 1 White cow & calf 5 50
The same 1 red cow & calf 4 50
Cary Wilbourn 1 Deer Skin 10 00
E. A. Wilbourn 1 feather bed & furniture 6 00
Thos. J. Hibbler 1 Large Cupboard 2 50
William Webb 1 Table & 5 Chairs 50
E. A. Wilbourn 1 Trunk 1 75
Cadwell Evans 1 Shovel 62 ½
E. A. Wilbourn 1 small bureau 75
Cary Wilbourn 1 pair Stutt[y]ards 56 ¼
The Same 1 Cupboard 6 00
The Same 1 Sideboard 10 00
The Same 1 Small Cupboard 1 00
The Same 1 walnut Sideboard 25
John W. Muncy 1 Lot Books 2 68 ¾
Henry S. Black 1 Lot Books 4 50
Cary Wilbourn 1 Feather bed & furniture 10 00
The same 1   do     do      do 7 50
Katharine Wilbourn 1 feather bed & furniture 12 00
William Quarles 1 stack oats 1 choice 5 12 ½
E. B. Hibbler 1  do    do  2 ch 2 18 ¾
Cary Wilbourn 1 Negro Woman betty & 3 children Amy Milly Penny 560 00
3076 62 ½
653 81 ¼
388 61 ¾
52 94 ¾
Exhibit A

 

5. May 4, 1831. Peter answers his brother-in-law William Newman and William’s wife Jane Wilbourn Newman.

In Chancery

Edgefield District

Peter H. Wilbourn,

Exor & others

Ad.

Wm Newman & wife

Separate Answer of Peter H. Wilbourn

Filed in my office 4th May 1831

Whit. Brooks

C.E.E.D.

The Separate answer of Peter H. Wilbourn to the aminded [sic] bill of complaint of William Newman and wife complainants-

This defendant saving and reserving to himself now and at all times hereafter all advantage and benefit of exceptions to the errors in said amended bill, for answer thereto or to so much thereof as he is advised it is material for him to answer, answering says, that he is advised that the estate of his testator will have to be settled according to his will without reference to any advancements the said testator may have made in his lifetime; This defendant therefore declines answering as to any advancements, made either to himself, or to any of his wards-

This defendant with others has caused a bill to be filed in this Honorable Court, for the purpose amongst other things, of setting aside the purchase by the said Cary Wilbourn of nine negroes at the sale of the estate.  As soon as that matter is disposed of, or even now as to the balance of the estate, this defendant is ready to come to an amount and settlement.

As to all other matters deemed material this defendant refers to his answer to the original bill of complainant, and prays to be hence dismissed with his costs and charges.

Bauskett and Wardlaw

Defendant’s Solicitors

South Carolina

Edgefield District

Personally came Peter H. Wilbourn and being sworn on oath says that the facts and allegations in the foregoing answer contained and set forth so far as respects the acts and deeds of himself are true of his own knowledge and so far as respects the acts and deeds of others he believes them to be true.

Sworn to fourth day of May 1831

Peter H. Wilbourn

before

J. Richardson, C. C. P.

6. May 29 and 31, 1831. Again Peter answers the charges made against him by William Newman and his wife Jane (Wilbourn) Newman. The document refers to files marked B and C, but they have not (yet) been found, unless they are mixed in these documents, unmarked.

Peter H. Wilbourn

Executor

Ad.

William Newman & wife

[Words cut off during copying]

Pope Deft’s Sol.

Filed 31st May 1830 [sic]

With Exhibits A. B. C.

State of South Carolina

Edgefield District

In Chancery

The Answer of Peter H. Wilburn to the Bill of Complaint of William Newman and Jane his wife.

The Defendant Peter H. Wilburn saving and reserving to himself &c for answer to so much of the said Bill of Complaint as he is advised it is material to answer, answering, says that true it is William Newman Wilborn his father died on the 24th day of March 1828, having first duly executed his last will and testament a correct copy of which is filed with the Bill, by which he directed all his property except that portion of it which he gave to his widow for life to be sold on a credit of twelve months and after payment of his debts to be equally divided between all his children (one of whose name viz. Elizabeth now the wife of William Webb is omitted in the Bill) “viz the heirs of Champion Wilburn, Elizabeth Wilburn, Peter H. Wilburn, (the defendant) Kitty Wilburn, John Wilburn, Genny Wilburn (the wife of complainant) Mary Wilburn Dicey Wilburn and James Wilburn.”  That Carey Wilburn the Testator’s widow, and the Respondent were appointed executrix and executor of the said will; and that the Respondent has qualified and taken out Letters Testamentary.  The Respondent further says that it is not true as stated in the Bill that “he has neglected to return either the appraisement or account of sales to the ordinary.”  On the contrary, the Respondent states that he procured the property to be appraised and sold it [careted in:] /15th December 1828 on a credit of twelve months/ (except that part given to the widow) and that he has made return to the ordinary of the appraisement and an account of sales, copies of which are here with filed marked A and B.  The Respondent further states that he has made a return to the ordinary showing the amount received and paid out by him in the character of Executor, a copy of which is here with filed marked C.  From these Exhibits the amount subject to distribution amongst Testator’s children and grandchildren can be correctly ascertained.-  The Respondent further states that he has not as yet been able to collect all the money due for property sold and hopes that he will not be compelled to pay complainants their share until he shall have had a sufficient time allowed him for that purpose.  The Respondent denies positively that complainant ever applied to him for a settlement or for payment of his distributive share of the estate; but on the contrary the Respondent several times told complainant that he would be ready to settle with him as soon as the amount of Testator’s debts could be ascertained, and told him about the first day of March that he would be ready to settle with him at any time after the sale day in March last, and applied to him for that purpose about the middle of the same month when complainant  evaded the matter.  The Respondent hopes therefore that complainant will be compelled to pay the cost of this suit out his own pocket.  The Respondent further states that Testator’s widow purchased at the sale property to the amount of about fifteen hundred dollars (the correct amount may be ascertained from the account of sales) for which, inasmuch as she was appointed executrix by the will, she has not given him a note as other purchasers were required to do.  The Respondent submits that she ought to be made a party to this Bill.  He submits also that all persons interested in the estate ought to be made parties that the validity of the widow’s purchases may be determined on at once and the expenses of further litigation saved.

And the Respondent prays to be hence dismissed with his reasonable cost &c.

Pope. Def’s. Sol.

Of South Carolina

Edgefield District

Personally appeared before me Peter H. Wilburn and made oath that the matters set forth in the foregoing answer are true so far as they relate to his own acts, and that he believes them to be true so far as they relate to the acts of others.

Sworn to before me

this 29th of May 1830 [sic]

Peter H. Wilbourn

Thos. J. Hibbler, J. P.

7. May 10, 1831. Cairy Wilbourn replies to Peter’s charges. It seems William Newman and Jane Wilbourn Newman join in, in the verbal fray. Note that Cairy signs her name Cairy. Rebecca Anderson is Betsey Ann’s mother.

State of South Carolina

Edgefield District, ss

In Equity

The joint & separate answer of Carey Wilbourn & Elizabeth Ann Wilbourn to the Bill of Complaint of William Newman & Jane his wife.

These Defendants reserving to themselves all benefit of exceptions to said Bill; in answer to so much thereof as they are advised it is material for them to answer, answering say:  That William Wilbourn died on the 24 March 1828, leaving in full force, his last will & testament, by which he devised & bequeathed a considerable portion of his estate to his widow Carey Wilbourn for life, & directed the remainder to be sold by his executors on a credit of twelve months, & the proceeds after payment of his just debts, “to be equally divided between all his children viz the Heirs of Champion Wilbourn, Elizabeth Wilbourn, Peter H. Wilbourn, Kitty Wilbourn, John Wilbourn, Jeney Wilbourn, Mary Wilbourn, Dicey Wilbourn and James Wilbourn”.  It is submitted to the Court, whether by the proper construction of this clause, each of the children of Champion Wilbourn takes an equal share with the children of the Testator, or the whole representing their deceased father, takes but one of these equal shares.-  By this will Peter H. Wilbourn & your respondent Carey Wilbourn were appointed Executors, & they were also constituted Guardians of the five children of the Testator last named in the above recited clause, & your respondent Elizabeth Ann Wilbourn was appointed Guardian of William Wilbourn, Amonet Wilbourn, & Sarah Wilbourn, her children by her deceased husband Champion Wilbourn.

Your respondent Carey Wilbourn further answering says, That although she qualified as Executrix of said Will, she has had little concern in the management of the Estate, leaving the great burthen [sic] of the execution of the will to the said Peter H. Wilbourn, who has possession of all the papers, assets & vouchers of the estate except three receipts herein after mentioned.  The statement of her transaction on the estate is as follows:  She received from Rebecca Anderson $305, & from Beverly Burton $145; on their notes for property purchased at the Executors’ sale, & from William Minter $154 collected by him in Alabama on account of the Estate.  She paid E. B. Belcher, Sheriff of this District, $160, & $53.17, & Wm Minter $3 for debts due by the Estate & she is ready to produce the receipts for these payments.  All the balance of what she has received (except $63 for which she is ready to account) she paid & delivered over to Peter H. Wilbourn, her co-executor, partly in money & partly in demands against the Estate that she had paid and discharged:  which balance amounts to the sum of $324.83.  The said Peter H. Wilbourn at the time the money & receipts were handed over to him promised to include the same in his account current, but whether he has done so, your respondent is not informed.

Your respondent Carey Wilbourn further answering says, that a sale was had pursuant to the direction of the will, on the 15 December 1828, of the property not specifically bequeathed which appears by the copy of the return of sales filed with the answer of Peter H. Wilbourn to have amounted to the sum of $3868.25, but she does not perceive included in said return of sales two negroes Nice & Jim purchased by the said Peter H. Wilbourn for $300 or upwards.  At this sale your Respondent Carey Wilbourn purchased property to the amount of $1554.87½ (as it appears by a hasty calculation).  This sale so far as the Respondent was concerned was conducted with all possible fairness.  She enjoyed no advantages over other bidders- gave fair prices for what she purchased,- & was compelled to make the purchases for the proper maintenance of her younger children.

In relation to so much of the Bill as speaks of advancements to the children of the said William Wilbourn, the respondent Carey Wilbourn says, that she knows of no donations by the said William Wilbourn to his children by way of advancement, but certain property was placed in the possession of the two elder, i.e. Champion, & Elizabeth, wife of Wm Webb, by way of loan from her late husband, & all that remained of it was returned to the Estate & sold by the Executors, except one mare, a cow & yearling & a bed & furniture of that which was lent to the said Wm Webb & his wife.  Shortly before the death of the Testator, viz about the 1 February 1828, he sold to William Webb a negro woman Tesh & her two children Nancy & Gilbert for the sum of $750; & this sum remained unpaid at Testator’s death, & probably is not yet entirely paid, yet the Respondent distinctly remembers to have seen William Webb pay, on this account, $70 to Peter H. Wilbourn as Executor.

The Respondent Elizabeth Ann Wilbourn further answering says: no advancements have been made to her or her children by the said William Wilbourn since the death of her husband Champion Wilbourn, but a loan was made by the said Testator to her husband in his lifetime of the negroes Nancy, Nice & Jim, a mare & colt some cattle & some household furniture, of which Nancy died in the lifetime of William Wilbourn, the mare & colt were taken back by Testator soon after the death of her said husband Champion Wilbourn, & all the remaining portion of said property was taken back by the Executors of said William Wilbourn after his death, & sold at the Sale.

Defendants deny all fraud & combination & pray to be dismissed hence with their costs &c.

Wardlaw & Wardlaw

Defts’ Solrs

South Carolina

Edgefield District

Carey Wilbourn & Elizabeth Ann Wilbourn being duly sworn depose that the matters & things in the Answer within, so far as they are stated in their own knowledge are true, & so far as stated on the information of others are believed by the Defendants to be true.

Sworn to before Me

May the 10 1831

[Signed] Cairy Wilbourn

Elizabeth A. Wilbourn

Peter Quattlebaum, J. P.

8. June 20 and 21, 1831. More of Cairy Wilbourn’s reply. Thus document calls Peter H. Wilbourn a half-brother. This probably means merely that Cairy was exaggerating for rhetorical effect. After all, Peter’s middle name (Hudson) is Cairy’s maiden name. The document also lists the age of William and Cairy’s children. This document gives the ages of the children and the date of William Newman’s and Jane Wilbourn’s marriage: December 10, 1831. Finally, Cairy signs her name Cairy.

Children’s ages according to this document:

John 20

Mary 17

Dicy 14

James 13

Edgefield

In Equity

Cary Wilbourn  & others

Answer of adv

P. H. Wilbourn

Cary Wilbourn &

William Newman & others

Wardlaw & Wardlaw & Butler & Griffin

Filed in my office 21 June 1831

Whit. Brooks

C.E.E.D.

The State of South Carolina

Edgefield District

In Equity

To the Honorable Chancellors of the state of South Carolina.

The joint and separate answer of Carey Wilbourn & William Newman & Jane his wife to the Bill of Complaint of Peter H. Wilbourn, William Webb & wife & others.

These Defendants reserving to themselves all benefits of exceptions to the manifold imperfections of said Bill in answer to so much thereof as they are advised it is material for them to make answer, answering say:  That William Wilbourn did die at the time mentioned in the Bill leaving in full force his last will & testament whereby he disposed of his estate & appointed the Executors & Guardians for children as is mentioned in the Bill. That your respondent Cary Wilbourn & Peter H. Wilbourn, having qualified as executors of said will, on the 15 December 1828 made public sale of the whole personal estate of the said William Wilbourn except the part bequeathed to his widow for life, (and indeed two horses, some smaller articles of this portion of the widow were sold) on a credit of twelve months. At this sale the respondent Cary Wilbourn became the purchaser of the nine negroes mentioned in this Bill, but she expressly denies that she availed herself improperly of any advantages her character of executrix afforded her in making such purchase. The sale was fair, public & regular & the ordinary competition of bidders was used as well in relation to her purchases as to the other portions of said sale.  If the respondent did weep & exhibit other symptoms of distress, she is satisfied that the sympathies of some of the Complainants were not excited thereby, for they with other persons bid against her for the negroes or some of them. If by this unmanly sneer of complainants it be insinuated that she feigned her distress for the fraudulent purpose of procuring any portion of the property for inadequate prices, she scornfully repels this imputation.  None of the property sold for very high prices but the remark does not apply with any peculiar force to her purchases. It is true that she has never given a note for the amount of her purchases, but is untrue that she has ever refused to do so for no application to that end has been made to her. She does not now consider it necessary, but she is under the instruction of the Court to give such a note, for she made the purchases for the benefit of her minor children, & she believes that that [sic] their interests would be promoted by their taking respectively when they come of age their shares of said property rather than their portions of the value thereof as ascertained by the sale.  The negroes were generally small at the time of the sale & will rapidly improve in value & number.  Her said children are residing with her & are supported by her; they are perfectly satisfied with her treatment and management towards them; her neighbors will testify that she is competent to the trust of guardian; and she therefore protests against the appointment of any other guardian for them. If their half brother Peter H. Wilbourn desire to be relieved from all charge over them, she & they have no objection that the Court should afford him such relief, but they will resist any other infringement of the Testator’s will in this regard.  One of the said children Jane is married to Wm Newman, John is in his twentieth year, Mary in her seventeenth, Dicy in her fourteenth & James in his thirteenth year. It is true these the said children have not been sent to school for the last year & the present, but the reason was that there was no school in the neighborhood, & their property is not large enough to board them out, without extravagances.

The Defendants further answering say that William Newman the respondent since his marriage on the 10 of December 1829 has resided in the family of the respondent Carey Wilbourn & at her request has the general charge of her plantation, but it is untrue that either of them has done any act calculated to impair the value of the remainder in the land devised to your respondent Cary Wilbourn for life.  On the contrary by the repair of houses, fences &c and by judicious culture, the said plantation is now in better condition & of greater comparative value than it was at the time when the said William Newman assumed the management thereof.  The only addition to the hands of the said Carey Wilbourn employed in the culture of said land, besides William Newman himself, is one negro of the said William Newman who has worked thereon since last November.  The only woodland cut down is about five acres in quantity cleared last winter & this it was proper to do for the procurement of rail timber, firewood & timber for the repair of the houses, plantation tools &c.  It is true that Defendants sold six or seven loads of wood, but the money was used in the purchase of Wagon bridles, nails, hogsheads &c for the use of the farm.  The renting of land complained of in the Bill was a field of about 12 acres rented last year to Dr. Hibbler to be sowed in grain, & the inheritance has not been injured thereby.  The Complainant Peter H. Wilbourn rented one of the fields one year for five dollars & has received the proceeds.  The Defendants insist that none of their acts amount to waste.

As to the threat charged upon William Newman in the Bill he answers that it has never been his wish or object to ruin or exhaust the land, & although he does not pretend to remember everything that he has uttered in the unguardedness or the heat of conversation, he thinks he has never used a stronger threat than that he would stay on the plantation as long as Mrs. Wilbourn pleased & use the best of the land.

As to so much of the Bill as charges the respondent Cary Wilbourn with disposing of a part of the stock bequeathed to her for life she answers that she did sell one horse for $35, but she immediately invested the price & $2.50 in addition in an ox-cart that she regards as belonging to the life estate.  This horse was diseased,- she had more horses than she needed- & the highest price bid for this horse when offered at the public sale was $21-  She also admits that she sold two pigs for 75 cents each to Peter Quattlebaum, but it was for one of those occasions that should have excused the act even in the perverse minds of the complainants.

Defendants deny all fraud and combination & pray to be hence dismissed with their costs.

Wardlaw & Wardlaw & Butler

Defs’ Solrs

South Carolina

Edgefield District

Cary Wilbourn & William Newman being duly sworn depose that the allegation of this Bill are true when made as from their own knowledge & are believed to be true when made from the information of others.

Sworento [sic] before me the June 20th 1831

[signed] Cairy Wilbourn

William Newman

Peter Quattlebaum, J P

William Newman swore to

before me 21st June 1831

A. [B.] Addison

[Q.] M.

9. No date that I can find. Cairy Wilbourn and her son-in-law William Newman again answer the charges made by Peter H. Wilbourn.

Peter H. Wilbourn & al

v

Cary Wilbourn & al

Brief of Answer

Wardlaw & Wardlaw

Peter H. Wilbourn & others

Carey Wilbourn & others

The answer of Carey Wilbourn & William Newman states:

that William Wilbourn died 24 March 1828 leaving a will whereby he gave a portion of his estate to his widow Carey Wilbourn for life & the residence to his children   Peter H. Wilbourn & Carey Wilbourn qualified as Executors of his will & on the 15 December 1828 made public sale of the whole residence [careted in:] /except the widows & have given her for life/ of the property on a credit of 12 months.  At the sale Carey Wilbourn became the purchaser of the 9 negroes mentioned in the Bill, but she denies that in doing so she took any improper advantage of her character of executrix.  The sale was fair, public & regular & bidders competed with her as with other purchasers.  Her ‘symptoms of distress’ on the occasion did not ‘excite the sympathy’ of Complainants for some of them bid against her for the negroes. She gave as fair prices as other purchasers.  She has given no note, but has never refused to give one for none was demanded.  She made the purchase of these negroes for the benefit of her minor children: & thinks it better for their interest that they should take the negroes than their price.  The negroes were small at the time of the sale & are improving in size & number.-  Her said minor children reside with her & are supported by her- are satisfied with her guardianship of them- & her neighbors will prove her competence to the trust.  The youngest child is in her 13th year.  Carey Wilbourn protests against being removed from the guardianship.-  She did not send the children to school last year & this only because there was no school in the neighborhood & their estates are not sufficient to board them out economically.

As to waste- Defendants say that Wm Newman has resided with Cary Wilbourn since 10 December 1829, has attended to the plantation, & since last November has employed one of his negroes, in addition to her force, but they say, that so far from committing waste the plantation is now in better condition & of greater value than it has been for years.  About 5 acres of of [sic] woodland have been cleared, but the timber was needed for repairs.  A field of 12 acres has been rented to Dr. Hibbler to be sowed in grain, but no injury to inheritance was effected thereby.  Six or 7 loads of wood have been sold but the proceeds have been vested in plantation tools.  Wm Newman denies the threat imputed to him & says it never has been his object to ruin or injure the land.

As to disposing of the life estate, Cary Wilbourn says that she sold [careted in:] /to? the? buyer?/ one horse, diseased & little value, for the high price of $35 but she invested that sum & $2.50 besides in an ox-cart, more valuable than the horse, which she regards as belonging to life estate.  She also sold two pigs for 75 cents apiece to furnish a wedding.

Wardlaw & Wardlaw

10. December 15, 1828. I assume this is Cairy Wilbourn’s account of the sale of William’s estate, but I don’t know. It is not an exact copy of the previous tally, because the order of the names in this one differs from the previous one. Perhaps it is Exhibit marked B or C (see Document Six in this section), but no such mark was found on it.

 

An Inventory of the property of the Estate of William Wilbourn dec’d Sold on the 15th day of December 1828
Purchasers Names Articles Sold $ C
Peter H. Wilbourn 1 Feather bed & furniture 5 00
Cary Wilbourn 1 ditto do  do “ 7 25
Henry S. Black 1  do do  do “ 7 25
Cary Wilbourn 1  do do  do 4 00
The Same 1 Table 25
William Webb 1 Pine [___] Chest 37 ½
Cary Wilbourn 1 Clock 37 ½
The Same 1 Large Table 50
The Same 1 Lot Crockery Ware 1 00
Elizabeth A Wilbourn 1 Pine Table 1 50
Cary Wilbourn 1 Lot bed Cloths 4 00
The Same 1 Lot  do   do 4 00
The Same 1 Lot  do   do 5 50
The Same 1 Clock Real 25
The Same 1 Trunk & Chest 75
The Same 1 Coffee Mill 87 ½
Seabron Stalnaker 1 Trunk 4 00
Cary Wilbourn 2 Jugs 2 funnels & Gal pot 75
The Same 1 Lot glass ware 1 50
The Same 1 Lot pottery ware 75
49 87 ½
[New Page] An Inventory of the property of the Estate of William Wilbourn dec’d Sold on the 15th day of Dec. 1828
Purches [sic] Names Articles Sold $ C
Henry S. Black 1 Small Pot 50
Cary Wilbourn 1 Waffle Iron Grid Iron & hoe 3 37 ½
The Same 1 Oven  ”      ”     “ 1 00
The Same 2 Wash Tubs & piggin 1 25
Hugh Quarles 1 Grind Stone 3 87 ½
Cary Wilbourn 5 Barrels  ”  ” [sic] 25
The Same 2 [Fat] Ve[ss]els  “ 50
Robert Lanair 1 Hogshead 37 ½
Cary Wilbourn 1 Loom & Trimming 10 00
The Same 1 Spinning Wheel 3 50
Stephen Tompkins Sen 1   do   do  ”  “ 1 37 ½
Eli Burnett 1   do   do   do   “ 50
Stephen Tomkins Sen 2 pair plough Gear 1 93 ¾
James Jones Sen 2  do     do   “ 2 00
Robert Lanair 1 Lot Waggon gear 1 12 ½
Cary Wilbourn 1 Road Waggon 31 00
The Same 1 Ox Cart 8 50
Joshua Harris 1 Log Chain 1 56 ½
James E Dawson 1 Still & Cap 1 87 ½
Edmund B Hibbler 2 Stacks fodder 1 choice 3 00
Cary Wilbourn 2   do     do   2 3 12 ½
The Same 2   do     do   3 3 12 ½
John B Rountree 2   do     do   4 3 00
86 75 ½
[New Page] An Inventory of the property of the Estate of William Wilbourn dec’d sold on the 15th of Dec. 1828
Purchers [sic] names Articles Sold $ C
Edmund B Belcher 2 do     do     5 3 00
Edmund B Hibbler 2 do     do     6 3 00
The Same 2 do     do     7 3 12 ½
Cary Wilbourn 1000 lb fodder 3/4 / [cnt] 3 12 ½
George Coleman 1 Sorrel Horse 60 00
Elizabeth A. Wilbourn 1 Sorrel Mare 41 00
Cary Wilbourn 50 bushels Corn 37½ 18 75
The Same 50   do     do 37½ 18 75
The Same 50   do     do 37½ 18 75
Edmund B Hibbler 50   do     do 37½ 18 75
Cary Wilbourn 50   do     do 37 18 50
Edmund B Hibbler 50   do     do 37½ 18 75
Cary Wilbourn 50   do     do 37 18 50
The Same 50   do     do 37 18 50
The Same 50   do     do 36 18 00
Edmund B Belcher 50   do     do 36 18 00
The Same 50   do     do 36 18 00
Edmund B Hibbler 50   do     do 37 18 50
[crossed out:] /Thomas J Hibbler/

Cary Wilbourn

1 Fan Mill 7 00
The Same 1 Meal Sieve 1 00
323 00
[New Page] [An Inventory of the property of the Estate of] William Wilbourn dec’d Sold on the 15th day of Dec 1828
Purchaser names Articles Sold $ C
Edmund B Hibbler 2 [pen] Shucks 80
The Same 2  do     do 3 00
Cary Wilbourn 1  do     do 3 00
Thomas J Hibbler 1 Lot     do “ 1 75
James Morris 1 Negro fellow Bart 206 00
Peter H. Wilbourn 1 Negro fellow Charles 310 00
William Webb 1 Negro Girl Winny 370 00
Katharine Wilbourn 1 Negro girl Frances 300 00
Elizabeth A Wilbourn 1 Negro Girl Eliza 336 00
Cary Wilbourn 1 Negro Woman Betty & 3 children 560 00
The Same 1 Negro Woman Ginny & child 221 00
The Same 1 Girl Barbra 207 00
The Same 1 boy Philip 188 00
James Jones 1 Girl Kizar[b] 300 00
Cary Wilbourn 1 Girl Iris 75 00
The Same 1 Negro fellow Barnett 5 00
Joshua Harris 1 Negro fellow Bob & Wife Sally 51 00
John Lyon 1 Negro fellow Ned & Wife Ester 150 00
3287 25
[New Page] An Inventory of the Property of the Estate of William Wilbourn [dec’d sold] on the 15th day of Dec 1828
Purchasers names Articles Sold
Purchasers Names [sic] Articles Sold [sic] $ C.
Cary Wilbourn 2 plough stocks &1 Irons 1 00
The Same 2   do     ”     “ 1 00
Cadwell Eveans [sic] 2   do     ”     4 1 00
Cary Wilbourn 2 Coulters       ”   “ 43 ¾
Cadwell Eveans [sic] 1 Scraper Stock & Irons 81 ¼
Cary Wilbourn 1 Dagon plough 3 50
The Same 5 Weeding hoes 1 25
Jacob Hibbler 8  ”  do  “ 56 ¼
Cadwell Eveans 1 Free   “ 31 ¼
Cary Wilbou[rn] 3 Mattocks 1 50
William Webb 3 Grubbing hoes 62 ½
Bartley M Martin 2 Club Axes 1 43 ¾
Cary Wilbourn 3  do  do  “ 2 37 ½
Thomas J Hibbler 1 Broad Axe 1 06 ¼
William Webb 1 Cross Cut Saw 1 00
Cary Wilbourn 1 hand Saw 1 00
Eli B[u]rnett 1 pot & oven 3 06 ¼
Cary Wilbourn 1  do  do  ”      “ 1 00
The Same 1 Larg [sic] pot 50
23 43 ¾
47 [01]
[New Page] [An Inventory of the property of the Estate of] William Wilbourn dec. Sold on the 15th day of Dec. 1828
Purchaser Names Articles Sold
$ C
Cary Wilbourn 15 Setting Chairs 2 75
The Same 1 Lot Puter [sic] 50
The Same 2 CandleSticks & 2 Flat Irons 50
James Tutt 1 Wire Trap 25
William Quarles 1 Stack vats 1 Choice 5 12 ½
Edmund B Hibbler 1 ditto      do 2 2 18 ¾
Elizabeth A Wilbourn 1 White Cow & Calf 5 50
The Same 1 red Cow & Calf 4 50
Cary Wilbourn 1 Done sto[en] 10 00
Elizabeth A Wilbourn 1 feather bed & furniture 6 00
Thomas J Hibbler 1 Large Cupboard 2 80
William Webb 1 Table & 5 Chairs 50
Elizabeth A. Wilbourn 1 Trunk 1 75
Cadwell [Evan]s 1 Shovel 62 ½
Elizabeth A. Wilbourn 1 Small Bureau 75
Cary Wilbourn 1 pair stut[yares] 56 ¼
The Same 1 Cup board 6 00
The Same 1 Sideboard 10 00
The Same 1 Small sideboard 25
The Same 1 Small Cupboard 1 00
John W Munday 1 Lot Books 2 68 ¾
Henry S. Black 1 Lot Books 4 50
Cary Wilbourn 1 Feather bed & furniture 10 00
The Same 1 Feather bed & furniture 7 50
Katharine Wilbourn 1 Feather bed & furniture 12 00
P.A.MJS Bouks  Ex.ts 89 93 ¾

 

11. June 25, 1831. Finally, to trial! These are the scrawling notes of the trial, which were difficult to decipher. The two columns must be read like a newspaper. When you reach the New Page in the first column, immediately go back up to the second column’s New Page, above. When you reach the second column’s New Page, below, go left to the first column.

 

Peter H. Willbourn

Exor. et al.

vv. 53.

Vv.

Carey Wilbourn,

Ex’ix et al.

June 25, 1831

Edgefield

Bill & answer read.

 

Burton– wit: for Comp.`

was present at the sale of Estate of William Wilbourn

Knew the slaves bought by the widow- Court.

Knew Betsy– She had 3 children.

[knocked] off to Mrs W.

Thought they were sold cheap.  Cant say whether cheaper than the other slaves to other persons-

Lucy & 3 children – $560. 20-25 years- young children, the Eldest, abt 5 years- The real worth of those slaves, at that time, & on that Credit of 12 ms about 750- of 800

———————-

(a worker)

Jenny- & Bina– $227

oldest  (7 or 8 years-)

w’d bring about 250 to $300. worth

———————–

Barbara} abt 10 years} $207. old at sale } worth about _________ $240.

———————–

Boy Phillip- $188.

5 years old. brought his worth.

———————-

Iris– 3 or 4 ys. old- $75.

such a child worth abt $120 to 130.

Know the land

Mrs. Wildbourn [sic], & Mr. Newman plant land of Estate together- Newman has cleared farm land- don’t know how much-

 

Burton [?]

 

The cleared land at death of Testator sufficient for change of fields, without clearing more land;; for her force

Newman cultivates well- but not more than other farmers.  not much woodland- Land is at Liberty Hill- a few families buy wood-

x’d

Peter Wilbourn was at the sale- Webb [(a______)] was present- & Kitty W- all of age

Peter W. bought 3 slaves- Charles-   Nice & Jim 10 yrs bo’t at $310– │bo’t at $305 worth 350 │worth a little                  │more say 40 or │50 doll. more

——————————-

Webb– bought girl [Win]ney brought in worth $370.

Understood Peter W. bid off boy Phillip for the family.

Three or four slaves were purchased by strangers-

Eliz. Wilbourn one of Def’ts, bought one slave $326

brought the value

——————————-

Sale regular- a good many [crossed out:] /as to the land/ people-  some bid ag’t the widow-

Dont know that she had any peculiar advantages at the sales-

As to the land-

 

Newman added only one slave to the workers on the place.  The employment of Newman proper- a woman cant manage so well.  Thinks the farm well managed by Newman-

[New Page]

 

Burton [?]

The widow uses all the slaves willed to her, and also the negroes she bought in-

The land will be worn out if worked diligently, & fully as it is.

-The slaves bought by the strangers were got as cheap as the slaves purchased by the widow

Major Hibbler.

present at sale- prop. all sold low. worth a little more than was given- that is one family, Betsy & children. sold low $560. worth $600 or a little more-

——————–

Knew Charles– deaf │ & near brought near value │sighted

——————–

Nice & Jim. $370- fair price-

—–

—–

x’d   attended particularly to the sale- perfectly fair. widow & children favored at sale- widow most so.

——

——

All the heirs present & seemed satisfied, & [______]

The land well managed- In good order- Improved- Newman went [home] in Dec. 1829.  Carried one slave-  Mrs. W. wanted a manager

 

[New Page]

Hibbler

plantation much worn at Testator’s death-

Horse sold at $21- purch’r refused to take him- The Cart worth more than the horse-

—–

Knows Mrs. Willbourn well- Her son John (20 yr old/ is well satisfied-  She is competent to manage her children- attached to them

———-

Did not send the children to school, last year or this year- Does not think, there any school very convenient.

Mrs W. c’d scarcely make a support- but with the slaves she bought, she can make abundance-

She c’d not have kept up the plantation with her stock of laborers.

The slaves sold out of the family were sold about same rate of prices.

Land cultivated in the same way as the neighbors.

 

[New Page]

John W. [S]eldow.

present at sale.

Thinks Betsy & her childr’n worth 7 to 800 dollars

___

Jinny & Bina- not worth much more than they brought

___

 

Charles sold for more than wit. w’d give.

 

x’d  Betty’s children.

Eldest, between 4 & 6 yrs- youngest in arms.

Betty, tolerably likely worth abt 360 to 375-

all the prop. sold low- widow gave about the same relative prices that other purchasers did-

The other legatees (Elder children) present & bid-

 

by sale of Betty & her children, was the best bargain-

 

xx

The purchases by the strangers, were sold at full prices.

—————–

Capt: Belcher-

—————–

present at the sale-

Did not think Betty & her children were worth $700.

The children very young- the eldest child between 4 & 5 years-

 

The X’ors & legatees had a consultation as to selling the family together-

Heard no complaints by the legatees at the [time of the] sale

 

[New Page]

Betty was small & ___teeth

—————————–

Blumer White– Wit. for Defc

Knows the plantation.  -In good order- not Injured by management-

The new clearing by Mrs. W. from 5 to 7 acres cut down since death of testator

————————-

old plantation-

Some clear necessary for fencing, fire wood, & repairs, &c.   5 acres not more than enough for 3 or 4 years supply of wood

200 acres under fence-

Saw Mrs. W’s hands cutting down the old trees for use- to save wood-

The management of the place [careted in:] /is/ or /as/ usual in the neighborhood.

x’d woodland scarce & val. in that neighborhood; & to that plant’n

Some repairs done to the houses-

It w’d require 5 acres to be cleared, to supply plant’n with fire wood &c.

——————————

W. Thurmond– Wit:

Thinks the new clearing abt 5 or 6 acres.

ab’t 200 to 250 acres of cleared land-

Plantation very well managed- in good repair

no clearing for some years before- 5 acres cut down for repairs of 3 years, railing &c. not too much– not much wood as the land … cut down

 

[New Page]

Mr. Thurmond

Mrs. W. a prudent, managing woman- attentive to the Interests of the children-

————————————————————

argument

m Bauskett- for Comp’t

Bill filed to set aside the purchase by the Exix, &c.

and to prevent waste-

Insists the purchase made by the Exix cannot be supported.

As to the waste, perhaps not too much now- But seeks prevention for the future-

sale of some wood & of a horse was all irregular-

admits the tenant for life, may cultivate all the open land: But not to clear land-

Butler–  for def’t

as to the purchase by the Exis- not ipso facto void- but voidable if wrong.

——————————Stewart & Woowend-

The Comp- Legatees, of age.

Sale made by a legatee & Exor, made in concurrence with the widow- present at the sale- competition of bidders- not objected to, at the time-

 

———–

Wardlaw– for Def’t

 

[New Page]

 

Butler

 

She bought not for herself, but for her children.

 

Wardlaw for def’t

 

as to the purchase by exix & Trustee-

Rule intended to protect the rights of others from a[b]use by the purchase of property at low prices for benefit of the Trustee-

Exix purchased for Benefit of the minors.

Ex q. rep.

Perry & Dickman

Trustee may purchase to the extent of his Int'[st] a fortiori for the minors.  and in this case she has not exceeded the amount of the shares of her children

as to the land

She had a right to cultivate all the Clear land-

The sale of wood so small & trifling that it cannot [crossed out:] /be sold/ be said, the rights of the tenant for remainder are in Jeopardy.

Musgrove

1 Harp [er?] 175 }

v

——– Wanford

2 [Mc]Cord 32

Lardner & Harden

—-

2 [Mc]Cord- 143

Pruitt & Daniel

 

 

12. After June 25, 1831. The judge, Henry M. De Saussure, renders his verdict, which seems mostly to favor Cairy Wilbourn, except he tells her to be more careful with the estate and to send the minor children to school, a “sacred duty.” He does not accept Peter H. Wilbourn’s main charge that Cairy Wilbourn’s display of grief during the estate sale deflated the price of the slaves.

In Equity

Edgefield

June 1831

 

Peter H. Wilbourn, Exor

of Wm Wilbourn, Wm Webb

& Elizabeth his wife,

Cath Wilbourn & minors

v.

Carey Wilbourn, widow

& Executrix of W. Wilbourn

Wm Newman & Jane his wife,

Eliz. Ann Wilbourn, guard.

of her three minor children

The briefs of the bill and the answers accompany and form part of this case-  By the statements therein contained it appeared that W. Wilbourn duly executed his last will and testament, and died on the 24th March 1828, leaving the same in full force-  By it he devised and bequeathed to his wife Carey Wilbourne during her life or widowhood his plantation; one half of his mill; his stock of horses, cattle hogs; a negroe [sic] man named King; a female slave named Lucy and her three children.- On her interest ceasing, by her marriage or death, The Testator directs the whole of the …. [sic] aforesaid property to be sold and the proceeds divided among all his children, including the heirs of his son Champion Wilbourne: and he appointed Betsy Ann Wilbourne widow of Champion Wilbourn guardian of his son’s three children-

The Testator directed all the rest of his estate to be sold immediately after his decease, on a credit of twelve months, and after paying his debts to be equally divided between all his children, viz, the heirs of Champion Wilbourn, Elizabeth, Peter, Catharine, Jenny, John, Mary, Dicey and James Wilbourn-  He appointed his wife Exix and his son Peter,- Exor, and guardian of five last named children-

The will having been proved, the Exors both qualified, and on the 15th Dec. 1828, sold the property directed to be then sold on a credit of twelve months;- for $4171.00 (as per sale bill)-

At the sale Mrs. Carey Wilbourn the widow and Executrix purchased nine slaves of the estate: of which she has taken possession but she has not given any bond for the price, and rendered no account-

William Newman one of the defendants intermarried with Jane Wilbourn one of the daughters of Testator, and they have resided with Mrs. Carey Wilbourn ever since-

It is stated by the bill that the widow and Newman have united their labor, and have cleared land, and sold timber; and Newman cultivates part of the cleared land; and rented part of it to other persons:- all which is alleged to be injurious to the remainder [men]: and it is [a]lleged that she has sold part of the stock given to her for life-

That four of the minor children are living with their mother, but she does not send them to school-

The bill prays that the purchase of slaves made by the widow and Executrix may be set aside and a resale made for the benefit of the legatees: and that the Executrix be decreed to account for the hire and labor during the time she has been in possession-

That she may be enjoined from committing waste and selling the stock- and that Newman may decreed [sic] to account for the injury done to the land and for the value of the property disposed of; and prohibited from cultivating the land- and that Guardians in chief may be appointed for the minor children-

The answers of Mrs Carey Wilbourn & W. Newman admit the will of the Testator and the sale of so much of the estate as was directed to be sold; and that the Exix became the purchaser of nine of the slaves of the Estate- But deny that the sale was fraudulent; and assert that the slaves brought their fair and full value; and the Executrix the mother of the minor children purchased the said slaves for them;- and holds said slaves on their behalf-  She has not given bond for the price, because it has not been required-

The defendants deny the charge of waste; and insist that a small clearing of five acres of woodland was not more than sufficient for the fencing and firewood for several years and that Newman is useful as a manager and has added but one slave to the laborers of the widow.-  She has not sent her minor children to school for a year, because there was no school near her-

At the hearing of the cause, a good deal of evidence was given which accompanies this decree- In the argument of the cause, various questions were made and discussed- The first was as to the purchase made by the widow the Executrix at the sale of part of the estate, directed by the will- on this point the witnesses were full- The great weight of the testimony was that the sale was open, public, and fair-  That the heirs who were of age attended and made bids.- That strangers also attended and made bids [careted in:] /& some of them purchased/ and that the widow was a fair purchaser at about the same rate with other purchasers-

The court has been very jealous on the subject of Executors, guardians or trustees buying at the sales of estates in their hands- The decided cases are very numerous, and some of them go almost to the extent of declaring all such purchases void-  Other cases have been satisfied with a vigilant watch over Executors, Guardians &c-  and avoid or affirm the purchases according to the fairness of their conduct, the fulness [sic] of the price they have given, and other circumstances-  This seems to have become the settled rule-  and perhaps is the safest safest [sic] even for the minors or other persons intended to be protected-  In the case we are considering, the evidence is upon the whole entirely satisfactory as to the fairness of conduct of the Executrix; and pretty much so as to the prices given; though there is some diversity of opinion among the witnesses. I might perhaps have hesitated on the last point.  But the Executrix states, that she purchased for the benefit of the minors, of whom she was the testamentary Guardian- This statement in her answer binds her:  and she acted under this disadvantage that she would be bound at all events;- and the minors might hereafter disaffirm the purchase or throw it on her-  I shall therefore support the purchases-  The Exix however was to blame because she did not give bond or mortgage for the purchases-

It is therefore ordered and decreed that the purchases of slaves made by the widow [careted in:] /& executrix/ at the sale of W. Wilbourn’s estate, be sanctioned, and that the coexecutor do give her a bill of sale for the said slaves, expressing that she is to hold them in trust for the minor children of W. Wilbourn, and accountable to them for the hire and labor of the same- And the Commissioner is directed to see to and enforce this decree;- and to require and take from the Executrix a declaration in writing to be duly recorded, that she do hold the said slaves (by name and description) in trust for the said minors by name: and that the same be duly recorded.- [added later:]  /She must also give bond & mortgage of the property, for the purchase money./

With respect to the waste alleged to have been committed on the land devised to the widow, in clearing wood land, the evidence is very satisfactory.- In three years since the death of the Testator only four or five acres of of [sic] woodland have been cleared- and the witnesses testify that was not more than sufficient for the economical supply of wood for the purposes of the plantation in fencing and repairs and fire wood- To these the tenant for life is entitled- But she is not at liberty to clear wood land for planting where there is already an abundance of clear land for that purpose:- nor to clear woodland to sell the wood and make a profit- The small sale of a few loads of wood are not worth noticing, and arose probably from an ignorance of her rights and the legal restrictions on her.- It is ordered and decreed that the widow Mrs. Carey Wilbourn be enjoined and restrained from clearing woodland to sell wood or for the purpose of opening new land for cultivation and that the planting be confined to the land cleared at the death of the Testator-

I do not perceive from the proofs, sufficient ground to interfere with the widow in the exercise of her authority as Guardian- She ought indeed to send the children to school- If she does not, the Court will upon further neglect take measures to oblige her to the performance of this sacred duty-

The sale of an old horse and other trifling matters of that kind are not worth controversy or discussion- but the widow will in future confine her use of the stock to her own and her family’s use without sales-

Another question was submitted to the court, by the counsel without argument which I regret- It was, what share of the estate the children of Champion Wilbourn are entitled to under the will of their Grandfather W. Wilbourn– The disposing words of the will occur twice- The Testator directs that the property not given to the wife for life should be sold immediately and the proceeds equally divided between all his children, viz the heirs of Champion Wilbourn, and his own children whom he names-  In the other clause he directs when his wife’s life estate is at an end, that the property which has been devised to her should be sold, and the proceeds equally divided among all his children, including the heirs of Champion Wilbourn– It is possible that these words are susceptible of either interpretation-  But it appears to me that the Testator used the words “heirs of Champion Wilbourn” as “nomen collectivum” and that it was intended they should take their father’s share and no more: and it is so ordered and decreed-

It is further ordered and decreed that it be referred to the Commissioner to examine and report upon the accounts of the Exor and Executrix, so that a settlement may be made among the legatees of that part of the estate not bequeathed to the widow for life-

Henry M. De Saussure

Accounts

This series of documents reveals how Peter H. Wilbourn and Cairy Wilbourn handled the estate, financially.

April 7, 1828 to March 2, 1830. “V” stands for “Voucher.”

 

Cash p’d out by P H Wilbourn Exor of Wm Wilbourn dec’d
1828
April 7 V. Cash p’d Ordinary . . . . . . . . 3 00
May 2 V. Cash p’d Rich’d Quarles of a/c . . 20 98
5 ” ” Peter H Wilbourn a/c . . 13 87 ½
”   ” McHare T.C. . . . . . . . 28 81 ¼
V. ” ” James Rambo a/c . . . . . 3 00
Oct 3 V. ”   ” R McDonald &c a/c 4 10
6 V. p’d Wm Thurmond S.E.D. in the case of} Ja’s. McCarty vs. Wm Wilbourn 59 25
Nov 17 Paid Ordinary . . . . . . . . . . 1 00
Dec’r 8 V. ” Rob’t McDonald a/c . . . . . . 8 56 1/3
1829
Jan’y 15 ” Beverly Burton . . . a/c 8 82
V. ” Tax Collector . . . . . . . . 22 [0]0
V.  ” John Crowden Note . . . . 16 50
Aug’t 1 V. John W [Y]eld[ele] . . . a/c . . . 17 12 ½
Dec’r 15 V. Ja’s Jones . . . . . . a/c
V. ” ” E B Belcher S.E.D. in the case of Jn W [Y]eldele vs. P H Wilbourn  } Exo’r of Wm Wilbourn } 70 58
D 15 V. Henderson Wade Note . . . . . . 71 20
28 V. Jn Hearn Note . . . . . . . . . 82 4[2]
1830
Jan’y 25 V. James Minter . . . . Note . . . 69 68 [¾]
V. ” ” a/c 6 81 1/3
Feb’y 2 V. E B Hibbler Note . . . 9 57 ¼
V. ” ” “ 90 60
V. ” ” “ 96 30
20 V. ” ” a/c 94 31 ¼
V. Thos. J. Hibbler a/c . . . . . 6 00
22 V. Beverly Burton a/c . . . . . 2 81 ¼
V.   Wm Webb . . . . . . a/c 127 84 ½
V. E.B.Belcher S.E.D. in the case of Sam’l Quarles vs. P H Wilbourn Ex’or 165 00
March 1 V. [L] W Martin a/c 10 50
V.        P H Wilbourn . . . .  a/c 33 75
2 V. ” Richard Quarles on acpt 18 81 ¼
V. ” Caldwell & Brooks on acpt 7 56 ?/?
V. ” ” James E. Dawson on acpt 10 54
V. ” ” Peter H. Wilbourn on apc 35 00
V. Peter H. Wilbourn 100 00
V. ”   Jacob Hibbler on apc 11 57
[Total] 1340 35 ½
To Commiss on rec’d & paid out 60 95 ¼
At 2 ½ per Cent 1599 28 ¾
Peter H Wilbourn Ex’r 1299 97 ½
Due the Exc’r 91 31

 

October 3, 1828 to March 22, 1830.

 

Cash Rec’d by Peter H Wilbourn as Exc. of the Estate of Wm Wilbourn dec’d.

1828

Oct 3 Rec’d of R McDonald a/c 187 20
Oct 8 ”    ”    ”  ” “ 37 81 ¼
1830
Jan’y 15 ”    ”  James Morris note 206 00
”    ”  James Jones note 150 00
Jan’y 29 ”    ”  John Lyon “ 75 00
15 [sic] ”    ”  Geo. Coleman    “ 60 00
”    ”  Joshua Harris “ 52 36 ½
”    ”  H. S. Black “ 12 50
D [sic] ”    ”  Hugh Quarles “ 3 87 ½
”    ”  Stephen Tompkins a/c 3 31 ¼
”    ”  Sebron Stalnaker note 4 00
”    ”  James E. Dawson note 1 87 ½
”   ”  Eli Burnett “ 3 36 ¼
”    ”  Rob’t Lanair “ 1 50
” ” Bartly Martin “ 1 43 ¼
” ” William Webb “ 190 00
Feb 22 “ ” ” ” “ 150 00
” ”  Tho’s J. Hibbler a/c 5 93 ¾
2 [sic] ” ” E B Hibbler a/c 73 90
Mrch 1 ” ” Thomas W. Morton a/c 10 50
” ” John H. Caldwell   a/c 44 00
” ”  Hansel Hunt _ _ _ 4 00
1299 97 ½
Paid Out 1391 36 ¾
[crossed out] Due the Exet’r 1[01] 61
The Within Exam’d & sworn to the 22nd March 1830 & find Vouchars [sic] for Evry [sic] Itum [sic] Noted with the letter .V. near the Right hand margin M. Simkins O.E.D

October 10, 1829 to May 13, 1830. “V” stands for “Voucher.”

 

Dr The Estate of William Wilbourn Dec’d in an

Account Current with Peter H Wilbourn Extr  & Cary Wilbourn Extrix

Cr
1829 $ C
Oct 10 V. Paid John B. Rountree on apct 10 75
Dec 24 V. William Donne on apct . . . 42 31 ¼
1830
Mar [3] V. Ordinary 3 00
M. 22 V. E. B. Belcher S.E.D Case of S Quarles vs [P] H Wilbourn Ex. 20 00
V. J Richerson ___ in Case of _________ 67 00
May 13 V. William Quarles on apct . . . . . . 26 57 ½
V.Expenses at various times at the Courthou[se] 10 75
To Com on $446.38 at 2½ per cent . . . . 11 10
[Total] 191 48 ¾
Due the Exc. from No. 1 91 31
282 79 [3/4]
[signed] Peter H. Wilbourn Extr

Key document: March 20 to May 5, 1830.

 

Account Current with Peter H. Wilbourn Extr Cary Wilbourn Extrix
20 [sic] 1830 Cr
March [30] Rec’d of William Minter apc George Wilbourn Adm’ of the Estate of Thomas Wilbourn Dec’d 125 00
Apr 20 ”   ” William Webb Apct 124 87
”   ” Andy Reynolds apc Note 87 ½
May 15 ”   ” William Quarles Apct Note 5 12 ½
”   ” John W Mundy Apct 2 68 ¾
”   ” John B Rountr[ee] Apct 3 00
”   ” Jacob Hibbler 36 ¼
”   ” John Long Adm of the [C Evans] Dec’d 2 73
”   ” James Jones Note 2 00
Paid Out 282.79 266 87
Ditto Rec’d 266 87
Due the Exc. 15 92

The above table goes a long way in proving the link of the chain from one generation to the next. Thomas and George lived in Tuscaloosa County, Alabama, where Thomas died, while that table comes from Edgefield, South Carolina, and William Wilbourn’s probate.

The fact that George, the administrator of Thomas’s meager estate out in Tuscaloosa, Alabama, went to all that trouble to communicate a great distance with his sister-in-law Cairy Wilbourn (William’s wife) back in Edgefield, South Carolina, that Thomas was deceased means that Thomas is the father, and George and William are two of his sons.

March 2, 1831 and March 12, 1832.

 

William Wilbourn Dec’d

This acct current

Rec’d into the ordinary

office on the oath of Peter H. Wilbourn, adm

the 12th March 1832

[signed] M Simkins O.E.D.

31/1120

No. 3

Exam’d

Dr The Estate of William Wilbourn Dec’d $ C
1831
[Ma]rch 2 V. Paid ordinary 1 12 ½
” Peter H Wilbourn on apct [3]2 25
[Ju]ne V. Elizabeth A. Wilbourn on apct 9 00
Due the Exc’ from No. 2 15 92
Due the Exc’ 58 29 ½
Peter H. Wilbourn Extr
[Dr] In Account Current With Peter H. Wilbourn Extr Cr
The Within Exam’d & Sworn to the 12th March 1832 & find Vouchars [sic] for Evry [sic] Itum [sic] Noted with the letter .V. Near the lefthand Margin

M. Simkins O.E.D. [= Ordinary Edgefield District]

December 20, 1829 and March 21, 1831. It seems that Cairy obeyed the judge’s orders and paid for her minor children’s schooling. The judge called it a “sacred duty.” Mrs. Anderson is Champion’s wife Betsey Ann’s mother.

 

Carey Wilborn Extrx To the Estate of William Wilborn Dr. Contra Cr.
1829
Dec’r 20 Cash rec’d of  Mrs. Anderson 300 00
Inst on d[itt]o 10 00
1830
April 30 Cash of William Minter 154 00
Cash of Beverly Burton 145 00
609 00
[crossed out:] /Amt due the exe/
Cash handed Peter Wilborn Extr 130 00
Cash handed do 135 00
Cash handed do 75 00
V. Cash paid William Minter 3 00
V. Cash paid E. B. Belcher Sheriff 160 00
V. Cash paid do _ do 53 17
To Board of John Wilborn for 1830 30 00
To do Mary Wilborn do 30 00
To do James Wilborn do 30 00
To do Dicey Wilborn do 30 00
To one Horse of mine Sold at Sale 60 00
To one  do do do 42 00
Rec’d 778 17
Due the Exe’x 609 00
Cairy Wilbourn Ex’x
The Within Exam’d & Sworn to the 21st March 1831 & find vouchars [sic] for Evry [sic] Itum [sic] Noted With the letter .V. Near the left hand margin— M. Simpkins OED [= Ordinary Edgefield District]

January 1, 1832 and March 15, 1832. One date of oath reads 1831, the other 1832. It seems 1831 is correct. Cairy Wilbourn followed the judge’s orders and sent the children to school. Note that she signs her name Cairy.

 

Mrs. Carey Wilborn Ex’tr To the Estate of William Wilborn
1832 [sic]
To the Board of John Wilborn 1 year 30 00
Jay 1
To the Board of Mary Wilborn 1 year 30 00
To the Board of Dicy Wilborn 1 year 30 00
To the Board of James Wilborn          1 year 30 00
120 00
Amt. due the Exec’x on No 1 brought forward- 169 17
Amount due the Executrix 289 17
[signed] Cairy Wilbourn Exec’x
South Carolina

Edgefield Dist.

This day personley [sic] appeared Cairy Wilbourn and made Oath the above account of one hundred and Twenty Dollars is [careted in:] /A/ Just and True Return for the year 1831 [sic]

[signed] Cairy Wilbourn

Sworn to before me March 15th 1832

Peter Quattlebaum J P

1832 to March 24, 1833. Once again, Cairy pays for her minor children’s schooling. She signs her name Cairy.

 

Dr the Estate of Wm Wilbourn Dec’d In Acc’t Current With Cairy Wilbourn Exc’x C’t
1832 To bourdin[g] [sic] John Wilbourn

One year up to the present date

30 00
Ditto Mary Wilbourn 30 00
Ditto Disey [sic] Wilbourn 30 00
Ditto James Wilbourn 30 00
120 00
Due the Exec’x from No. 2. 289 17
Due the Exec’x 409 17
1833
Mar 25 V.- Paid John Wilbourn 355 00
764 17
[signed] Cairy Wilbourn Ex’x

January 1, 1834 and February 5, 1834. More schooling.

 

Dr The estate of William Wilbourn dec’d in a/c current with Cairy Wilbourn Excr’x Cr
1834 For 1833
Jan’y 1 Paid board of Mary Wilbourn 30 00
Paid board of Dicy Wilbourn 30 00
Paid board of James Wilbourn 30 00
Paid ordinary for this A/C current 1 12 ½
91 12 ½
[signed] Cairy Wilbourn
This A/C current examined & Sworn to 5 February 1834

J. Richardson O.E.D. [= Ordinary Edgefield District]

Final Deed in South Carolina

December 2, 1834. Cairy (Hudson) Wilbourn sells the property, for $995.00.  It seems odd that John Wilbourn would sign with only his mark, after he had gone to school. In Cairy Wilbourn’s probate records of 1849-1852, he signs his name.

On January 27, 1835, she buys property in Yalobusha County, Mississippi. This current land sale in early December 1834 clears the way for the move. (Deed Book 47, p. 72)

We have three Elizabeths in this deed. (1) Elizabeth Wilbourn Webb, wife of William Webb; (2) Elizabeth Ann Wilbourn, Champion’s wife; and (3) Peter H. Wilbourn’s wife, Elizabeth Getzen Wilbourn.

In this deed, Champion’s heirs are named (William, Amonet, and Sarah), but the clerk smoothed out the extremely rare boy’s name Amonet to Amulet. Nevertheless, we once again have legal proof of the line William – Champion – Amonet (and then to William Harvey to Ella Washington [Rae]).

Deed-

State of So. Carolina

Edgefield District

Carey Wilbourn & others

To

E. B. Hibbler

Know all men by these presents that we, Carey Wilbourn, Guardian of Mary Wilbourn, Dicey Wilbourn & James Wilbourn, Elizabeth A. Wilbourn, Guardian of William Wilbourn, Amulet [sic] Wilbourn, & Sarah Wilbourn heirs of Champin [sic] Wilbourn dec’d Peter H. Wilbourn & wife William Webb & wife Catherine Wilbourn, William Newman & wife & John Wilbourn of the Dist and State aforesaid for & in consideration of the sum of nine hundred and ninety five dollars to us paid by E. B. Hibbler of the Dist and State aforesaid have bargained granted sold and released & by these presents doth bargain grant sell and release unto the said Eom’d [sic] B. Hibbler all that plantation or parcel of land situate at Liberty Hill in the Dist aforesaid on Cuffytown Creek waters of Stephens Creek & Savannah River containing three hundred & sixteen acres more or less and hath such form marks buttings and boundaries as the annex’d plat doth represent-

Together with all and singular the rights members hereditaments and appurtenances to the said premises belonging or in any wise incident or appertaining:  To have and to hold all and singular the premises before mentioned to the said E. B. Hibbler his heirs and assigns forever & we do hereby bind ourselves our heirs executors & administrators to warrant and forever defend the said premises from ourselves & our heirs and from every other person or persons whomsoever lawfully claiming or to claim the same or any part thereof

Witness our hands and seals this 2nd day of Dec’r in the year of our Lord one thousand eight hundred & thirty four and in the fifty ninth year of American Independence

Signed sealed & delivered in presence of us John Ballard Thos. J. Hibbler

Carey Wilbourn [seal]

Elizabeth A. Wilbourn Guard [seal]

P. H. Wilbourn [seal]

Elizabeth Wilbourn [seal]

William Webb [seal] Elizabeth Webb [seal]

Katharine (X) Wilbourn [seal]

William Newman [seal]

Jane Newman [seal]

John (X) Wilbourn [seal]

South Carolina

Edgefield District

Personally came before John Ballard and made oath that he was present & saw Carey Wilbourn, Elizabeth Wilbourn, William Webb, Elizabeth Webb, Katherine Wilbourn, William Newman, Jane Newman & John Wilbourn sign, seal and acknowledge the within deed or Instrument of writing for the uses and purposes within mentioned & that Thomas J. [?] Hibbler was a subscribing witness with himself to the due execution thereof –

Sworn to before me this 27th December 1834, Thomas W. Morton, Q.U.

John Ballard

See Plot at Page 193, this book

Recorded January 1, 1835

Deed Book 47, p. 72

Church Letters of “Dismission”

At Bethany Baptist Church, if one planned to move away, he or she asked for a letter of dismission or dismissal, which presumably says the church member is in good standing and has left with the church’s blessing.

[Illegible] Lord’s Day in November 1834: Six of our members applied for letters of Dismission, namely Brother Wm Webb, & wife [Elizabeth], Brother Peter Wilbourn & wife [Elizabeth], Sister Catherine Wilbourn, and Brother Matthew Rodes; letters has [sic] written for them all.

The illegible word, above, is either the third or fourth Lord’s day.

Fifth Lord’s Day in November 1834: 7 members applied for letters of dismission, namely Wm Newman, & Jane his wife, Cairy Wilbourn, John Wilbourn, Mary Wilbourn, a coloured man named Kingston, belonging to Mrs. Wilbourn, and Martha Ruff (formerly Martha Harrison). The clerk was directed to prepare the letters.

Cairy and her family are on their way to Mississippi. Elizabeth Ann, who married Cairy’s son Champion, and her young family is on their way to Louisiana.

We look at Elizabeth Ann’s life in the post, here:

Champion Wilbourn and Elizabeth Ann Anderson 

Summary of William and Cairy’s Life

William Wilbourn and Cairy Hudson marry in the early 1790s. A possible date is January 28, 1793, but we can’t be sure the couple is our William and Cairy. If they are, then her first name was Elizabeth, and her nickname or middle name is Cairy. Their first son Champion was born in the mid-1790s. All this took place in Mecklenburg County, Virginia.

The Wilbourn family moved to Edgefield, South Carolina by February 6, 1799. Cairy’s two sisters Ursula and Polly had already gone there (Ursula), went with them, or came a little later (Polly?).

Cairy’s father William Hudson moved to South Carolina from Mecklenburg County, after December 4, 1804 and before November 28, 1809.

William Wilbourn first appears in the deeds, in 1802 – the first time for the son of Thomas Wilbourn and Hannah Lamkin. This is why William is placed first in the birth order: His name appears first in the records.

Before his first land ownership, William was probably farming a parcel of his father’s nearly 1000 acres, learning how to manage things. As time went on, he appears in many records as a prosperous plantation owner. He owned about 20 slaves.

He draws up and confirms his will on March 3, 1827, in Edgefield District. The record states he died on March 24, 1828. For some reason he orders in his will that his entire estate should be sold. That generated a lawsuit between his son Peter Hudson Wilbourn and Cairy.

The Inventory and Appraisement is taken on or before June 2, 1828. The estate was valued at $5957.50. The estate sale is held on December 15, 1828.William had ordered this sale in his will. Cairy and her family had to buy back a lot of items. The sale totaled $3076.62½.

The Mill Case, which involves selling some dilapidated property, is settled by June 19, 1829 (or 1828), favorably for Cairy.

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 (wife of Champion and Cairy’s daughter-in-law) to respond to Peter’s Bill of Complaint, alleging that the widow Cairy mismanaged the estate and deflated the prices during the estate sale, by showing symptoms of distress.

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 and Peter are baptized together, September 22, 1833, Bethany Baptist Church, Edgefield. That’s good news. They patched up their differences.

Her family asks for “letters of dismission” (dismissal) from the church, which permit them to leave in good standing, November 2 and 30, 1834. Cairy and some of her family asked for theirs on the later date, while others asked for theirs on the earlier one.

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.

See her post, next.

Cairy Hudson Wilbourn

Related

Early Hudsons of Virginia

Early Hudsons of Three Virginia Counties (key post)

Bibliography

Bryan, Carol Hardy. She’s a researcher who lives in Edgefield, South Carolina. I recommend her services.

Wells, Carol. Edgefield County, South Carolina, Deed Books 39 and 40. Westminster, Maryland: Heritage, 2006.

—. Genealogical Abstracts of Edgefield [SC] Equity Court Records. Bowie, Maryland: Heritage, 2002.

—. Edgefield County, South Carolina, Deed Books 36, 37, and 38. Westminster, Maryland: Heritage, 2001.

—. Edgefield County, South Carolina, Deed Books 34 and 35. Westminster, Maryland: Heritage, 2000.

—. Edgefield County, South Carolina, Deed Books 32 and 33. Westminster, Maryland: Heritage, 2000.

—. Edgefield County, South Carolina, Deed Books 30 and 31. Westminster, Maryland: Heritage, 1999.

—. Edgefield County, South Carolina, Deed Books 27, 28, and 29. Westminster, Maryland: Heritage, 1998.

—. Edgefield County, South Carolina, Deed Books 23, 24, 25, and 26. Westminster, Maryland: Heritage, 1998.

—. Edgefield County, South Carolina, Deed Books 19, 20, 21, and 22. Westminster, Maryland: Heritage, 1997.

—. Edgefield County, South Carolina, Deed Books 16, 17, and 18. Westminster, Maryland: Heritage, 1997.

Wooley, James E and Vivian. Edgefield County, SC, Wills. Greenville: Southern Historical P, 1991. Rpr. 2007.

William Wilbourn’s probate and subsequent lawsuit is Equity no. 397.

William’s Mill Case is Equity no. 332, in the Loose Paper Files at the archives of Edgefield County.

Endnotes

[1] This entry was transcribed by William Linwood Hollingsworth in January 2007.

[2] Chris B. Morgan, Yalobusha Bound: Yalobusha County, Mississippi, in 1850 (3rd ed. Oklahoma Street P, 2007), 538. It is used with his kind permission, but slightly adapted.

[3] Source for John’s deeds, above: ancestry.com.

 

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