Fourth Generation

42. James HOLDERNESS^{29,36,45,71,94,95,96,97,98,99,100,101,102,103} was born in 1798 in North Carolina. He died before 30 November 1852 at the age of 54 in Florida.

Said to have died without issue in Holderness book. I found a record of a marriage that I believed at first could be his: James Holderriss (sic) to Francis Harris 10 Mar 1778 in Guilford Co NC. Bondsman: John Seales. After email correspondence with Edward Pratt, I believe this is the marriage of a possible brother of William Holderness who lived in neighboring Rockingham County. Copy of the Marriage Bond reveals the following correct spellings: James Holderness to Francis Harris on 10 Mar 1778. John Scales, Bondsman, Thos. Henderson witness. This James died in Wilkes County, GA abt 1795, leaving a daughter Charlotte Holderness Irion, and a son McKinney Holderness. Francis Harris was his 2nd wife; he was first married to Patience McKinnie.

Caswell Co NC Deed Books 1817-1840 by Katherine Kerr Kendall c1992 10 Nov 1817. Deed Book S, p.136. James Holderness witnessed a deed of John Stamps to George Courts.. This is so far the only mention I've found of a James in Caswell County. He did not receive any land or personal property, when William distributed his belongings by deed.

New discoveries of a James Holderness living in Houston Co GA 1830's and 1840's lead me to believe James, son of William & Sally Holderness, did marry and leave descendants. In 1850, this James was in Leon Co FL, age 52, born in North Carolina (1798). In 1790 there were only three Holderness heads of household in NC.. One was James in Rockingham Co - his son and daughter already grown; he had no younger children. There was a Reuben "Heldness" in Montomgery Co NC in 1790. Then William & Sally were in Caswell. By 1800, James Holderness of Rockingham had been deceased 5 years; Reuben Holderness was still in Montgomery Co but had no males in the household under 10. I have not yet found William Holderness in the 1800 census, but in 1810, the widow Sally had a male between the ages of 10-16 living with her (born between 1794-1800). She also had two older males - no doubt Robert and Thomas. This young boy would appear to be an excellent candidate for James of Florida and there seem to be no others. He seems to have left Caswell Co for Georgia soon after 1820.

From "Marriages & Deaths 1820-1820" - Mr. James Holderness of Pike Co married Miss Elizabeth Bryan of Twiggs Co on 6 Jan 1825. Appeared in the "GA Journal & Messenger" of Macon on 9 Jan 1825.

GENEALOGICAL ABSTRACTS FROM THE GA JOURNAL [MILLEDGEVILLE] NEWSPAPER, 1809-1840
Fred R. & Emilie K. Hartz; Vidalia GA 1990
[Milledgeville, Baldwin Co was the capital of GA 1807-1868.]
VOL 2 1819-1823, p.785
Dec 24 1822 I hereby forewarn all persons from trading for a note of hand, given by me to James Holderness for $450, made payable at the Darien Bank in Milledgeville ...as the consideration for which it was given has failed... Signed: John Evans

TWIGGS CO GA RECORDS; A RECONSTRUCTED HERITAGE:
p.99 Deeds Pertaining to Twiggs Co. From Bibb Co: Executed before the formation of Bibb
DB A, p.26
GA, Twiggs Co 1822 James Holdiness sold Quincey Powell both of Twiggs Co, for "a good cause and just consideration" a certain square or tract of land in Houston Co, Lot 164,4th Dist, 202 ½ acres, and for $1,000. James Holderness. Wit: Jacob Tison, Saml Williams JP Rec. 19 May 1823
DB A, p.136
10 May 1823 Leonard Sims & Mary his wife, sold James Holderness, all of Bibb Co for $2500 tracts or squares of land [each square cont 202 ½ A] Lots 113, 118, 119, 117, and 112 in 7th Dist original Baldwin then Twiggs now Bibb Co. Lot 113 orig granted to Thomas Reeves of Willson's Dist Warren Co. 118 to Wm Johnston of Wilkinson Co. 119 to John Cotter of Scrivin Co. 117 to Robert Hurching of Pinkstons Dist of Hancock Co. 112 to James Woodall of Green Co, Morrisses District. Signed: Leonard Sims, Mary Sims. Wit: Thomas Holderness, John David JIC
Rec 18 May 1824, GA, Bibb Co
Leonard Sims & Mary his wife did acknowledge the deed and Mary signed her dower rights in the presence of Thomas Holderness. Signed: Mary Sims. John Davis JIC
Quite likely Thomas Holderness that witnessed is James' brother.
DB A, p.133
15 May 1823
GA, Baldwin Co James Holderness of Bibb Co sold Zachariah Lamar of Baldwin Co for $5,500. tracts of land in 7th dis orig Baldwin, then Twiggs, now Bibb Co 911 ¼ A. Lots or squares 113, 118, 119, 117, and 112. Each lot containing 202 ½ A embracing the buildings and plantation where Leonard Simms lately resided in Twiggs Co now Bibb. Signed: James Holderness. Wit: Basadell P. Stubbs, Jas. Flemming JP Rec. 17 May 1824

Macon Co Newspapers reveal that James Holderness either seldom picked up his mail or someone one was trying hard to find him. Given the subsequent trail of lawsuits, it is likely he chose to ignore his mail. He left a trail of unclaimed letters as follow:
At Ft. Hawkins, Bibb Co on Apr 1823
Macon on 1 Oct 1824
Forsyth, Monroe Co on 1 Jul 1826
Macon on 1 Apr 1827
Macon on 1 Oct 1828
Zebulon, Pike Co on 31st Mar 1828; letter for James "Holiness"
Zebulon, Pike Co on 1 Jan 1829
Macon on 1 Apr 1829
Macon on 1 Apr 1830
Zebulon on 1 Jul 1830
Macon on 1 Jan 1831

MACON GA NEWSPAPER CLIPPINGS [MESSENGER]
VOL I
p.13 Mon Aug 25, 1823: Solomon Groce will attend to the individual business of James H. Holderness during his absence from this State. George H. Bryan will conduct the business of Holderness & Bryan. Macon, 25 Aug 1823.
p.130 26 Dec 1826 Sheriff's Sale. GA, Monroe Co on 1st Tues Feb next in Forsyth, Monroe Co: Lot #48/13 dist ...levied on the property of James Holderness and Solomon Groce, to satisfy executions or fi fas in favor of Martha B. Dawson & Charles Bullock adms of William W. Dawson, dec'd. John Redding. D. Sheriff

Other GA JOURNAL notices:
30 Nov 1824 "Will be sold on the 1st Tuesday in January next, at the courthouse in the
town of Knowville, Crawford County... the following property, to wit: ..part of lot No. 160, in the 7th district of originally Houston now Crawford County...taken as the property of Kinchen Curl, to satisfy a fi fa in favor of James Holderness... property pointed out by John P. Booth ...Signed E. M. Amos, D. Sheriff."
25 Feb 1828 "Will be sold at the court-house in the town of Clinton, Jones County, on the first Tuesday in April next... the following property, to wit:...911 1/2 acres of land, known by lots No 73,72, 58, 50, and half of 86, all in the 7th district of Jones County on the waters of Swift Creek on which there are three valuable saw mills, levied on as the property of Solomon Groce, to satisfy sundry fi fas in favor of William Moore, John Murphey, and Roger McCarthy, and three executions in favor of the adm'rs. of William Dawson deceased, against James Holderness and said Solomon Groce. ........ signed Charles R. Eaton, D. Sheriff

From THE MACON TELEGRAPH on 16 Oct 1827. There was a Sheriff's sale in Muscogee County GA for a Negro boy Isaac, property of Kinchen Curl; fi fa of James Holderness, surviving copartner of Holderness & Dawson.
27 Oct 1828 At Zebulon, Pike Co. On the first Tuesday in December next, Will be sold between the usual hours of sale, the following property, to wit:
202 1/2 acres of Land, more or less, known by lot No. 141 in the 9th district of originally Monroe now Pike county - levied upon as the property of James Holderness, to satisfy a Fi.Fa. in favor of Robert Belcher vs. said Holderness, and George Bryan security on appeal - pointed out by the plaintiff's attorney.

MACON GA NEWSPAPER CLIPPINGS [MESSENGER]
VOL 1
p.270 Sat May 2, 1829 Sheriff's Sale Bibb Co 1st Tues Jun next:
5 knives, etc. levied on the property of J. J. Kaigler to satisfy executions or fi fas in favor of Anson Kimberly [this property includes notes on A.M. Danforth, C. Sawyers, S.A. Dean, Wm. F. Phillips, Wm Champion, John O. Moore, John H. Milburn, and James Holderness]

1830 Census: Houston Co GA. James Holderness with 1m -5 [William T.], 1m 15-20 [???], 1m 30-40 [James]; 2f -5 [Harriet & Sarah]; 1f 20-30 [Elizabeth] Slaves: 2 f =5, 1f 20-30. Total persons - 11.

MACON GA NEWSPAPER CLIPPINGS [MESSENGER]
VOL 2
p.139 Thus, Feb 13, 1834
GA Bibb Co: James Holderness apply to me for letters of admin on the estate of William W. Dawson, dec'd. These are, therefore, to cite and admonish all and singular, the kindred and creditors of said deceased, to be and appear at my office within the time prescribed by law, to show cause, if any the have, why said letters shall not be granted. Signed: Isaac H. Smith, C.C.O.

Acts of the General Assembly of the State of Georgia, passed in Milledgeville at an Annual Session, Nov & Dec 1833. Published 1834.
p.375; House of Representatives
James Holderness, memorial. James Holderness rented to the agents and officers of the Bank of Darien, a banking house, for their branch establishment at Macon, and rented the same for annual rent of $300. The house was burnt down by criminal neglect and carlessness of their cashier. Petitioner sued the Bank of Darien, McIntosh Co, for the recovery of the value of the house. The bank sheltered itself under a clause in its charter and the petitioner was defeated. However, the state has one half if not more of the stocks of said Bank and deem the prayer of the petitioner reasonable.
Resolved: That $1500 with interest from the time of the destruction of the property be appropriated for and to the use of James Holderness, being one half of the value of said house destroyed by fire. The sum to be inserted in the appropriation bill.
11 Dec 1833.

"1831-1834 Land Records of Houston Co GA" by Davine V. Campell & Wm R. Henry, 1993, revealed that James Holderness was a Justice of the Peace in Houston Co. He was witness to a deed in this capacity as early as February of 1831.

5 Mar 1836 Quincey Powell to Bryan Bailey for $100. Tract in 8th District, the NE Corner of Lot 51 adjoining to #46. Supposed to be 30 acres more or less. Signed: Quinncy Powell. Wit: Clement Woodall, James Holderness, both of whom made oath 24 Sep 1836. Recorded 23 Mar 1837, Houston Co GA.

In "Wills & Inferior Court Minutes of Houston Co GA" by Wm R. Henry, 1987, James Holderness witnessed the following Wills: Shadrack Dennard on 1 Dec 1837, Arthur Tull on 19 Jun 1840, Thomas Smith on 13 Nov 1840, and Edward Engram on 15 Aug 1843 [proved this Will on 8 Jan 1844]. He was appointed as appraiser of the following estates: Joseph Wood on 1 Nov 1830, George Tavin on 20 Jan 1834, Fobert Flournoy on 2 Jun 1834, and Bryan Bateman Sr. - appointed by the July, 1845, Term of the Court. These records seem to indicate his residence in Houston Co at least from 1831-1845.

Also in the "1832 Cherokee Land Lottery" by James F. Smith, reprint 1991, James Holderness drew land in the 12th District, 1st Section in Walker County. He was listed as living in Taylor's District of Houston Co GA. And from the "1832 Gold Lottery" by Mary Bondurant Warren. A man with wife or children was allowed two draws which James Holderness had. He was again listed as being from Houston Co - the lots were 40 acres each. He drew one in 3rd District, Section 3, Lot #0906 and one in District 21, Section 2, Lot #0749.

There is another James Holderness in Georgia at this time, but he is known to be a grandson of the earlier James of Rockingham and he departed from Georgia prior to 1840. He was in the 1830 Henry Co GA Census and usually went by James M. Holderness. He received land in an early Land Lottery as an orphan so would have been ineligible for later drawings.

MailList Search Date: Tue, 22 May 2001 From: DELDRIDGE1@aol.
RANDOLPH COUNTY, GEORGIA EARLY DEEDS 1831-1839 (Part 9a)
THOMAS BAGBY of Bibb Co. to QUINNEY POWELL of Randolph Co. Lot #149, 5th
Dist. Wit.: John Bryan, James Holderness. Jan. 11, 1838/Dec. 25, 1838.

From the Houston Co GA mail list: A post from William A. Mills <[email protected]> states that he had found an story written by a man born in 1826 and a resident of Perry GA. The article was about "old Houston" and mentions teachers he had, one of whom was James Holderness.

Found at the University of North Carolina Library website: "Digital Library on Amercan Slavery"
http://library.uncg.edu/slavery/
Filed 22 Jun 1840. Granted later the same year
Petition 20684013, to Honorable A.M.D. King, Judge of the Superior Court of Houston Co, GA
The last will & testament of William Britton, deceased, late of South Carolina, bequeathed a slave, Cobon, and her ten children, to Mary Wallace for her own proper use and benefit and after her death to vest in the issue of her body, her children. Wallace fears that she may be deprived of her inheritance by her husband Richard Wallace, and requests that James Holderness be appointed as trustee to secure her rights.
The children of Cobon were not listed in the petition.

In April 1841, the same court appointed George M. Duncan, in place of Holderness as trustee for Mary Wallace. Lawsuits concerning these slaves eventually made their way to the state supreme court. There appears to have possibly been some connection to the wife of Holderness, Elizabeth Bryan - see her notes for more details.

1840 Houston Co GA Census: James Holderness: 1m 10-15 [William T.]; 1m 40-50 [James would have been about 42]; 1f 5-10 [Caroline]; 2f 10-15 [Harriet & Sarah]; 1f 30-40 [Elizabeth was 32]. Slaves: 1m -10, 1m 10-24, 1m 24-36, 1f 24-36. Total persons - 10. Both the 1830-1840 censuses show that Harriet might have been born sooner than her birth year indicates - there's also an extra daughter near her age, probably older since there are several years between William and Harriet.

MACON GA NEWSPAPER CLIPPINGS [MESSENGER]
Vol 3; p.243 Thus May 13, 1841 Grand Jury, Houston Superior Court, Apr Term, 1841
Signed: James Holderness, Clerk
p.281 Same for Oct Term 1841
p.341 Same for Oct Term, 1842

From the MESSENGER, newspaper of Macon, GA 1843-47: Houston Co - List of the Superior Court Grand Jury on 9 Nov 1843, was signed by James Holderness, Clerk. Grand Jury on 16 May 1844, Houston County, also signed by James Holderness, Clerk.
The Southern Banner, printed in Athens GA, dated 28 Mar 1844 lists James Holderness as Clerk of Superior Court for Houston County.

MACON GA NEWSPAPER CLIPPINGS [MESSENGER]
Vol 4, p.100 Thur Jan 25, 1844 List of Sheriffs & Clerks for 1844-5
Houston: William Harrington, James Holderness, William H. Miller
p.129 Jury, May Term 1844 Signed: James Holderness, Clerk
p.170 same for Oct Term 1844
p.194 same for Apr Term 1845
[Then James must have run for a higher office]
p.219 Thur Oct 16, 1845 Senators Elected: James Holderness - 17th District

1850 Census for Leon Co FL lists James, age 52, Farmer, born in NC with wife Elizabeth and 4 young people [William and wife Sarah, Harriet & Caroline].
1850 Slave Schedule, Leon Co FL, Division 8
James Holderness, 10 Slaves: Male, 60, Male 30, Male 30, Male 12, Female 45, Female 40, Female 27, Female 16, Female 13, Female 12. All listed as "B"

But I believe James and Elizabeth also had a daughter Sarah:
Holderness, Sarah
Spouse: Joseph J. Dawkins
Marriage Date: Dec 05, 1849
State: FL
County: Leon
More About: This record can be found in the County Court Records, Film # 0983459 - 0983464.
[There was an extra daughter in the 1840 and 1830 Census.]

1 Sep 1852 Federal Land Patent: Leon Co FL. Issued to James Holderness. 39.95 acres; the NW 1/4 of the NE 1/4 of Section 24, Twp 2, Range 2.
Land was just northeast of Tallahassee.

Leon Co, Florida Court of Probate
at Chambers
To all to whom these presents shall come: Greetings; whereas Elizabeth Holderness, at present of the County and State aforesiad, hath been duly appointed and qualified as administratrix of all and singular the goods and chattels, rights and credits which were of the Estate of James Holderness, late of Leon County, deceased, and hath entered into bond obligatory to the Governor of the State of Florida and his successors in office, in the penalty of thirty thousand Dollars, conditioned as the law directs with John Cason, Nathan Holt and Patrick Smith as her Securities, Now Know Ye that administration of all and singular the goods and chattels, rights and credits which were of the said James Holderness has bee granted, and is by these presents, committed to the said Elizabeth Holderness.
In testimony whereof I have hereunto set my hand and affixed my seal of office the 30th day of November A. D. 1852.
D. W. Gwynn.
State of Florida, County of Leon. I do hereby certify that the foregoing is a true record duly made in my office this 30th day of November, 1852.
D. W. Gwynn, Judge of Probate.

James HOLDERNESS and Elizabeth BRYAN were married on 6 January 1825 in Twiggs County, Georgia.³⁶ Elizabeth BRYAN^{104,105,106,107,108} was born in 1808 in North Carolina.¹⁰⁹ She died on 29 April 1873 at the age of 65 in Florida.¹⁰⁹

Elizabeth died at the home of her son-in-law J. S. Montford. She was born in North Carolina.

From Southern Christian Advocate Obituaries. Mrs. Elizabeth Holderness, b. 1808 in North Carolina, d. 29 Apr 1873.

Possible Bryan connections:

MACON GA NEWSPAPER CLIPPINGS [MESSENGER]
Tad Evans Self-published, Savannah GA 1997
VOL I 1823-1830
p.13 Mon Aug 25, 1823: Solomon Groce will attend to the individual business of James H. Holderness during his absence from this State. George H. Bryan will conduct the business of Holderness & Bryan. Macon, 25 Aug 1823.
[This record of Holderness & Bryan does indicate a link between surnames. George is definitely a possible brother-in-law.]
p.15 Mon Sep 15, 1823. We are authorized to announce George H. Bryan, a candidate for the office of Receiver of Tax Returns for this county [Macon].
[Elizabeth Bryan and James Holderness were married Jan of 1825 - he was said to of Pike Co; she was of Twiggs Co]
p.156 Tues July, 17, 1827 Grand Jury, Muscogee Superior Court, July Term, 1827
George H. Bryan [included]
p.161 Tues Jul 31, 1827 Sheriff's Sale GA, Monroe Co 1st Tues Sep next in Forsyth, Monroe Co. Lot #189/6 dist ...levied on as the prop of David Sheppard, to satisfy executions or fi fas in favor of George H. Bryan.
p.205 Mon Mar 24, 1828 Grand Jury, Harris Superior Court, March Term 1828: Geo. H. Bryan [included] HARRIS CO: Justices of the Inferior Court: Geo W. Rogers, Lemuel Gresham, George H. Bryan
p.333 Sat Oct 9, 1830 Sheriff's Sale Pike Co on 1st Tues Nov next in Zebulon, Pike Co:
Lot #33/8 dist ...levied on as the property of George H. Bryant [sic], to satisfy executions or fi fas in favor of Robert Belcher; James Holderness, security. Signed: Z. L. Fryar, Sheriff
[Still another Bryan-Holderness link after 7 years.]
Macon Telegraph, 27 Oct 1828. 202 1/2 acres to be sold at Zebulon, Pike Co on the 1st Tues in December. Lot 141 in the 9th district of Monroe, now Pike county. Levied upon the property of James Holderness to satisfy a fifa in favor of Robert Belcher vs. Holderness, George Bryan security on appeal.

VOL II 1831-1837
p.327 Thur May 18, 1837 Convention of States Rights Party in Milledgeville on Monday, May 15, 1837 Delegates from: Harris Co [include] George H. Bryan
VOL III 1838-1842
p.141 Thur Oct 24, 1839
Planters & Merchants' Convention held at Macon on tues Oct 22, 1839
Delegates: Harris Co: Dr. David Cooper, G. H. Bryan, Martin Crawford
VOL V 1848-1851
p.295 Wed June 11, 1851
Constitutional Union Convention at Milledgeville on Jun 2. Present: Harris Co: George H. Bryan, D. A. Cochran, Osborne M. Stone, John White

I found a listing of heads of household of Harris Co GA in the 1850 Census and the following was included: Dwelling 454; Family 485; George A. BRYANT; age 39; farmer; value of real estate 10,000; born in NC. [Elizabeth and James Holderness also both born in NC.]

TWIGGS COUNTY GEORGIA RECORDS: A RECONSTRUCTED HERITAGE contained several pages about the families of Benjamin & William Bryan. I could not find a place for this family but will include a brief synopsis of their story. Benjamin (1771-1842) was born in Johnston Co NC and married Mary Sasser Stevens, widow, in 1800. They lived in Jefferson Co GA where Benjamin served in the War of 1812. He drew land in Wilkinson Co in the 1807 lottery & by 1818 was living in Twiggs Co where he remained until his death. They had 13 children between 1801 and 1825. The wife of James Holderness was born in 1808 but her mother was Elizabeth, so she does not fit here.
However, the article also lists other Bryans in Twiggs Co from 1800-1865 and names Blake Bryan (1757-c.1820] who married Elizabeth Blackshear, James C. Bryan (1785-c.1830 who married Penelope Franck, and Edward Bryan (1764-1825) who married Penelope Blackshear. Each of these families moved from NC in the early 1800's. "Mary Bryan, daughter of Blake Bryan and third cousin to Benjamin Bryan, married Maj. Gen. Ezekiel Wimberly in 1809 in Twiggs Co."

MailList Search: Date: Tue, 22 May 2001 From: DELDRIDGE1@aol.
RANDOLPH COUNTY, GEORGIA EARLY DEEDS 1831-1839 (Part 9a)
This deed found in Randolph Co GA along with another witnessed by John Bryan and James Holderness: JOHN TURNER of Randolph Co. to EZEKIEL BRYAN. Lot #277, 7th Dist. Wit.: Joseph Day, William Sinquefield. Dec. 12, 1838/Dec. 18, 1838.
THOMAS BAGBY of Bibb Co. to QUINNEY POWELL of Randolph Co. Lot #149, 5th
Dist. Wit.: John Bryan, James Holderness. Jan. 11, 1838/Dec. 25, 1838.

Search of the USGenWeb Archives discovered the Will of an Elizabeth Bryan, Macon Co GA - possibly the mother of this Elizabeth. The Will dated 29 Jul 1839, no probate date given. She left her real & personal estate to a minor son Erastus J. Bryan and appointed sons Nathan and McGruder to take charge of Erastus and use her estate for his benefit. Witnesses were Mary Bryan and James Holderness. Further examination of online resources at the Macon County GA USGenWeb page and library research show that such connection to Elizabeth, wife of James, is unlikely, although perhaps there is some other kinship.

Here is another link between the surnames Bryan & Holderness. A check of the Houston Co GA Census for 1840 revealed James Holderness, George M. Duncan, and a Sylvanus Bryan all listed on the same page, p.374. Seaborn C. Bryan was on p.367. Richard Wallace was in this census as well, p.377.
Case from Supreme Court of Georgia. Recorder: 11 Ga. 63
George M. Duncan v. Seaborn C. BRYAN
January Term 1852
Mrs. Mary Wallace appealed to the Superior Court to have Duncan appointed trustee of certain slaves claimed as her separate estate [apart from her husband] Duncan had assented and taken possession of the property. Duncan was precluded from denying the trust and setting up title in the husband in order to secure himself from accounting. Motion was instituted by Duncan in Dooly Superior Court [County Court] to dismiss.
Decision: Nov Term 1851. Seaborn C. Bryan as trustee for Mrs. Mary Wallace, filed a bill against George M. Duncan her former trustee, alleging that Wm. Britton who died in South Carolina, by his last will lent to his niece, Mary Edwards, a negro girl and her increase, during her natural life and at her death to the lawful issue of her body. Mary Edwards intermarried with Richard Wallace and moved to the state of Georgia; she had issue William T. Wallace. Richard Wallace's creditors were about to interfere with the negro to pay Wallace's debts and the Superior Court of Houston County in 18??, [1840 - see notes for James Holderness] appointed James Holderness as trustee to preserve the rights of said Mary. At the April Term, 1841, the same Court appointed George M. Duncan in the stead of James Holderness. In 1844, Duncan delivered up to Mrs. Wallace a portion of the negroes but retained the balance. The original suit was for an account for all hire and profits of the negroes and that Duncan be decreed to deliver up the remaining netroes. Defendant's counsel moved to dismiss. The Court below refused to grant the motion and appeal was made.
The judge ruled that one who has accepted a trust and acted upon it, will not be allowed to repudiate it. Duncan's lawyer argued that under the terms of Bitton's will, Mrs. Wallace took no separate estate. The judge conceded that was true, but pointed out that Duncan had already acknowledged this to be separate property and it was adjudged as such by the lower Court and that decision had not been reversed. Duncan had accepted the trust and received possession of the property; therefore he cannot renounce the responsibilities incurred. The judge found no error in this case, and affirm the judgment.

The above Seaborn C. Bryan married Nancy Underwood, 20 Oct 1829. An online search for this named revealed that he was born 2 May 1799; died 17 Aug 1874. No family was found online.

Posted by Dave Hill <[email protected]> on the Macon Co Deeds Forum on 4 Apr 1999: "I believe McGruder Bryan was the son of a Littletin Bryan, b. 20 May 1780, Martin Co NC, d. 10 Oct 1836 Houston Co GA, & Elizabeth MacGruder, b. 15 Mar 1801, prob Martin Co NC. Children were: Simpson Bryan, Nathan Bryan b. 26 Jan 1803 Houston Co GA, d. 29 Jan 1868 Macon Co GA; MacGruder Bryan, and Winnefred Bryan. Elizabeth MacGruder Bryan's will, 29 Jul 1839 show sons Nathan & McGruder as executors."

Cemetery records [Bryan Cemetery in Macon Co] indicate the same dates of birth and death for Littleton & Elizabeth McG Bryan, but these dates were furnished by a descendant as there are few markers remaining in the cemetery.

MACON GA NEWSPAPER CLIPPINGS [MESSENGER]
VOL II 1831-1837
p.209 Grand Jury, Macon Superior Ct Nov Term 1840: Nathan Bryan
[Nathan, son of Elizabeth Bryan and named in her will continued to live in Macon Co. Geo. H. above after some moving around seemed to have settled permanently in Harris Co before 1839.]
VOL III 1838-1842
p.118. Grand Jury, Macon Superior Court, May Term, 1839: Nathan Bryan
p.254 Unclaimed letter at Macon, Bibb Co on 1 Jul 1841: Mrs. Elizabeth Bryan. [After her will - she's likely deceased.]

LAND RECORDS OF MACON CO GA 1857-1863
Deed Book A, Volume 1
Davine V. Campbell & William R. Henry 1994
Central GA Genealogiacl Society, Inc.
p.61-2/19 McG. Bryan Witnessed Deed of John E. Lilly adm. of Armegar Lilly estate to Ichabod Davis on 8 Nov 1845.

MACON GA NEWSPAPER CLIPPINGS [MESSENGER]
VOL IV 1843-1847
p.4 Grand Jury, Macon Superior Court, Mar Term 1843 [includes] Nathan Bryan
p.270 Thur, Aug 13, 1846 GA, Macon Co: Nathan Bryan Sr apply to me for letters of admin on the estate of McGruder Bryan, dec'd....William W. Corbitt, C.C.O.

Macon Co USGenWeb: From Macon Co GA Admin & Guardians Book A, p.148: minor children of McGruder Bryan, 1853, Jesse, Martha, Elizabeth, & William. There was also possibly an older son Littleton J. Bryan. Payments were made for boarding of some of the children to Isaac Johnson and Martha Stewart.

Macon Co USGenWeb: There was also a Nathan Bryan in Pike Co GA. On 1 Jun 1829, he gave land to a daughter-in-law, Elizabeth Bryant, for the benefit of his 4 grandchildren, Zipporah, Turner, Sarah & Morgan. Elizabeth Perkins & Elias Bryan, son of Nathan, divorced in 1830. They were married in Wilkes Co GA in 1812. Nathan Bryan Sr's parents said to have been Zipporah & Jesse Bryan, both of whose wills are filed in Martin Co NC. [The elder Littleton above also said to have been born in Martin Co NC]

James HOLDERNESS and Elizabeth BRYAN had the following children: