Campbell Co Tn - Wills
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Original Index  · David, Sampson  · Thomas Murray  · John Harmon Sr.  · Barnabus Alder  · Jacob Gross  · S.D. Queener  · William Chapman  · Max Gibson  · John Murray


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Campbell County

Estates, Wills, Inventories, Etc.

Book "O" Original Index


David, Sampson


Thomas Murray


John Harmon Sr.


Barnabus Alder


Jacob K. Gross


S.D. Queener


William Chapman


Max Gibson


John Murray


These below are housed at the US Gen Web


John D. Lay


John Chapman Sr.


Christopher Murray


John Reed 1838


John D. Lay


Fielding Lowe


John Reed


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Administrator's Notice
This is to notify all persons interested that I have been appointed
administrator of the estate of P.P. Sutton, deceased.  All persons having
claims against the said estate will please present them; also all persons
indebted to estate will please make arrangements to take care of
indebtedness as soon as possible.
    George E. Heatherly,
M 24-31-A 7-14 pd.        Administrator
The LaFollette Press
Vo. XXIII  No. 12
Thursday, March 31, 1932
Page 4

Submitted By Misty at Mistys' Tree



1. A man who receives by a will cannot be a witness to it.

2. A nuncupative will can dispose only of personal property.  Nuncupative;
To declare orally; oral-not written, made by word of mouth only and
depending on oral testimony for proof, though afterward reduced to writing.

3. A married woman could not make a will without her husband's consent and
even so, could dispose only of personal property unless there had been a
pre-nuptial agreement.

4. Title to land could be conveyed either by inheritance, deed or

5. If a man sold his land and there is no record in the Deed Book that he
purchased that land, then check the land grants; if he inherited it or his
wife inherited the land, a record may be in the probate files.  Knowing this
will help to discover the identity of the wives.

6. A man did not have to be 21 to buy land, but he did have to be 21 to sell
it.  He did not have to own property to vote, but he did have to be a free
man.  He had to be 21 to serve on a jury, but he did not have to own
property or to be naturalized.

7. A woman was never a taxable or tithe. If her name appears on a tax list,
it is because she is a widow; she has a male of taxable age in her household
or a slave of taxable age.  A tax list that shows "One white person" meant
that male was age 21 or over and taxable.  White males over 16 and under 21
were taxable.

8. Quakers used numerical dating and did not take oaths and were not married
in a civil service.  A Quaker's last will does not begin with: "In the name
of God, Amen," and there are no marriage bonds for Quakers.

9. There are excellent indexed records for Moravians and Quakers; many
records of both Lutheran and Reformed churches and ministers that have been

10. All males and females enumerated in the census records prior to 1850 are
not necessarily members of the immediate family; they are merely members of
the household and may not even be related.

11. "Junior" did not necessarily mean "son of," but was a designation for a
younger man of the same name in the same area.  A man could be a "junior" at
one period and "senior" at a later period.

12. "Infant" did not mean a babe in arms but someone under legal age of 21.

13. An illegitimate child almost invariably took the surname of the mother.

14.  If a man died in Rowan County, NC and devised his land in Davidson
County to his son, there will not be a record in Davidson County to show the
transmittal of that property.

15. In intestacy (died without will), the Court appointed as
administrator(s) the widow & relict (who may have already remarried and may
have a different name) and/or sons(s) who are of legal age.  If they
relinquish the administration, the largest creditor is appointed.

16. A posthumous child, even if not mentioned in the will, will share
equally with the other children (Posthumous, born after death of father).

17. Not just anyone can file a caveat to a will - only a person who stands
to inherit from the estate, and only then if he would receive more by the
laws of intestate succession than from the provisions of the will.

18. If an executor is named in the will, the Court appoints an administrator
"cum testamento annexo" to carry out the provisions of the will.

19. According to the laws of intestate succession, the widow receives 1/3rd
of all property, and the remainder goes to the children.

20. The law of primogeniture was legally abolished in 1784 and had to do
only with the estate of an intestate. (The state of being born first of the
same parents and had legal right to father's property).

21. Normally, the widows of intestates were allotted a year's provision.

22. Until 1868, a husband had a life estate in all real property owned by
his wife at the time of their marriage; this is known as curtesy.

23. Dower rights pertained to the belonging of the husband, whether he owned
it before the marriage or acquired it afterward.  Husbands did have
identical rights to property owned by their wives, but when referring to
those rights they are called curtsy rather than dower.

24. Curtesy or Courtesy, Scotch Law.  A life-rent given by law to the
surviving husband, of all his wife's heritage of which she died in feft, if
there was a child of the marriage born alive.  The child born of the
marriage must be the mother's heir.  If she had a child by a former
marriage, who is to succeed to her estate, the husband has no right to the
curtsy while such child is alive; so that the curtesy is due to the husband
rather as father to the heir than as husband to an heiress, comfortable to
the Roman law, which gives to the father the use of what the child succeeds
to by the mother.

25. If an estate was debt-ridden, the personal property was disposed of
first.   The widow's 1/3rd was protected and usually 1/3rd for the children
against any claims for debt.

26. An "Orphan" over the age of 14 could select his own guardian (as it is
today); if he were younger, the Court appointed the guardian.  If an orphan
was left little estate, he was often apprenticed by the Court to learn a
trade.  If a man left underage children, you should expect to find a
guardian being appointed and the children being referred to as "orphans"
although their mother may still be living and be appointed their guardian. 
If she has remarried, her new husband is often appointed guardian of the
minor children.  An "orphan" was someone under 21 who had lost his or her

27. Indentured Apprenticeships:  A son was "bound out" by the father, or
widowed mother, or  guardian to give him training in some craft or trade, or
to relieve the parent from the expense of feeding and clothing during
childhood and or to be trained to support themselves.  Females were also
bound out to learn the art and mystery of spinning and weaving, and
housekeeping, etc.  This system of indentured apprenticeship had its origin
from early colonial days and during the course of the centuries, various
laws governing and controlling it have been enacted. During the colonial
days, the eldest son was bound out to learn reading, writing and arithmetic
in preparation for taking over the family business.   A farmer, lacking
sufficient help, would take a boy in this way to help him with the farm
work, or a girl to help his wife spin and weave and cook; a goldsmith, or
printer, or paper-maker would do the same to get assistants and to train

Indentured Servants - An indentured servant was generally a person who,
wanting to emigrate to America, would sell his services to someone by
indenturing himself as a servant in return for the passage money he needed
to get to the New World. By this indenture he contracted to work for the man
who advanced the money for a specified number of years.  Some masters were
cruel to their apprentices and "indentured servants," and the servant ran
away.  The master was brought before the court and fined.  If they did not
improve, then the court appointed another master.

28. Watch for a man disposing of more land than you can find him buying. 
Did land come to him by death? Did his wife inherit property that he is
selling? Or did he receive land grants?

29. Taxable age for white men during the colonial period was 16; during the
Revolutionary War it varied from county to county; after 1784, it was 21.

30. Be very careful about accepting all information on a death certificate
other than the date of death, as the information was given under stress by
someone who may not have a full knowledge of the facts.  The same holds true
for obituary notices.

31. Phonetic spelling can be tricky.  The clerk wrote down what he HEARD,
i.e., Anne Eliza or Annie Liza; Synderalugh or Cinderella.

32. Watch for occupations being Capitalized as identification following a
name, without a coma.  John Williams Carpenter in 1785 was probably John
Williams, carpenter.  John Henry Taylor may well have been John Henry,

33. Many times there are no commas separating a list of names of children in
a will and you may have either ten daughters with single names or five
daughters with double names or a mixture.

34. Spelling can be very confusing, i.e., "hairs purchaced waggins at Estate

35. When checking an index, say the surname and envision every possible
spelling. Jo Linn eventually identified her husband's ancestor Lewis Redwine
as having been Ludwig Rheitweil

36. Some names were shortened through usage.  Mr. Reed Pickler had
difficulty with his line until he realized the surname of the immigrant
ancestor was Blankenpickler.

37. In examining a Bible record, see if the handwriting is all the same.  If
it is, all entries were probably made at the time of the latest entry; if
entries were made at the time the event occurred, they are more apt to be

38. In NC, the marriage act of 1741 forbade "the abominable mixture" between
white men and women and Indians, Negroes, Mustees and Mulattoes or any
person of mixed blood.

39. Words denoting relationship, such as "in-law" and "step," often had
different meanings from what they have today.  "Nephew" sometimes meant
grandson or grandchild, such as "to my nephew Rebecca Hayes."  "Brother"
could be also brother-in-law or brother in Christ or a minister.

40. Non-jurors or non-swearers were people who refused or failed to take the
oath of allegiance, i.e., Loyalists or Tories.  Many when faced with double
taxation or the possible confiscation of their property, embraced the
Revolutionary cause, and some became super patriots; others left the state.

41. Inventories and estate sales reveal much about the occupation and status
of the deceased and often suggest other records that might be searched.

42. Analyze the naming patterns in the generations you have constructed as a
possible clue for a given name of an earlier male or the maiden name of a
wife.  For example, the widow Hartwell Drake almost certainly had a mother
whose maiden name was Hartwell.

43. Often a later child was given the same name as one who had died earlier.

44. Use of the term "proven" and "acknowledged" in land transactions.  Ack,
or Acknowledged:    The usual procedure in a legal transfer of land was that
the seller, after deeding over the land, go before the county court and,
under oath, publicly acknowledge the transfer.  If married, the wife may
appear also, and be examined privately to determine if she agrees with the
transfer of the land and to  relinquish her dower rights to the property. 
If she does not do this in court, commissioners are appointed to visit her
and examine her as to the transfer.
In deed records, and abstracts of land transfers, there often is a note
entered by the Clerk similar to this:  "Ack:  23 May 1750."   This means the
seller, (grantor of the deed) and his wife, if any, personally appeared
before the court or did so by proxy.
Proved: If the seller cannot appear in court personally,  the deed document
was witnessed by several individuals who signed on behalf of the purchaser. 
A note by the Court Clerk:  "Proved:  20 Oct 1791" means the witnesses
appeared before the court and certified the veracity of the transfer.  Use
of the term "before the court"  could signify appearance before one of its
Justices and be at a time outside the time of the usual quarter sessions..  
The court, finding the transfer of the property to be in proper order,
orders the Clerk to record a copy of the deed in the County Deed Book.
In cases where it is known that the grantor is to appear before the court
and acknowledge the deed, it would not be necessary for witnesses.

45.  In the 1700s, Livery and Seizen was a practice between the seller and
buyer of a piece of land.  They met on the property and in the presence of
witnesses declare the contents on which livery is to be made.  This was a
ceremonial act by which the seller delivers (livery) a clod, or twig or some
other piece of turf or branch from some plant growing on the property and
this transfer is accompanied with words much like the following: "I deliver
these to you in the name of seizen of all the lands and tenements contained
in this deed."  It was a formalized ritual probably called for by the
purchaser who may have had something to gain by having several witnesses to
the event.  These matters concern a vocabulary no longer used, and made
manifest that which is now reduced to words on paper.

46. Calendar Change
England and all territories governed by her used the Julian Calendar until
1751, often referred to as Old Style or O.S.  Under that system, the new
year began on 25 March, while all of March was recognized as the first
month.  Thus, where numbers were used instead of month names, one has to
calculate the month: i.e., 3-11-1680 meant May 11,  1680.  The 7th month
meant September.  Since the Gregorian Calendar, or New Style [N.S.] began
its year on January 1st, some writers employed a system of double-dating
years for the dates which fell into January, February, or March such as
1731/2.  Double-dating occurs only for dates within the first three months
of the year and does not exist after 1752 when the Gregorian Calendar was
adopted by England and her territories.  Prior to 1752, it is perfectly
possible to find a will dated October first and probated January third of
the same numerically numbered year.  It is possible to find a woman marrying
with a birth date of 3 January 1750.  The problem occurs only prior to 1752
in connection with the first three months of the year and with the use of
numbered months.  One watches for it particularly in dealing with Quaker
records where the months are invariably numbered.

47. One hundred years ago, middle names were more prominent in some families
more so than others.  When families continually gave a first name of John or
William or Thomas, etc., a middle name was added to tell which John came
from which family.  Nick names such as Jack/Jackson/Jonathan, etc., were
also used to distinguish one John from the other.   The same applies to
Mary/Polly; Hannah/Nancy/Anna;   Frances/Fanny; Elizabeth/Eliza/Betty/Beth,

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