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Sixth Generation


69. Sebastian "Boston" CLINE Jr. {1.4.1} 68,69,70 was born before 1743 probably in Alsace or on the way to America.12 He died before 1788 in Georgia.12 Boston (Sebastian) is a unique name in the Cline families. Finding a Boston Jr. in the records closely associated with the elder Sebastian (Boston) Cline almost certainly assures that Boston Jr is the son of Sebastian (Boston) Cline. Boston Jr. witnesses a deed by his father in 1764 indicating he is of legal age. This implies that Boston Cline Jr. is born by 1743.

Boston Cline Jr. appears in the 1768 Rowan county tax list along with his father Boston and brothers Christopher and John Cline. Boston Jr. also appears in several court records as he is assigned to road projects in 1767, 1769 and 1771 in Rowan county. Boston Cline Jr is deeded 200 acres on Clarks Creek by Derrick Ramsour in September 1770 in Tryon county during the brief period that it existed (1769 to 1779) and included the area that would become Lincoln county. On June 6, 1771, this 200 acres is sold to Jacob Carpenter by Boston Cline Jr. and his wife Margaret. Boston Jr. is appointed as a local constable in 1772.

Boston Jr's wife, Margaret, is mo0st likely the daughter of Derrick Ramsour. On the same date that Derrick deeds the 200 acres to Boston Cline Jr, husband of Margaret, Derrick also deeds 200 acres to Jacob Carpenter, the husband of his daughter Catherine Ramsour. Lorena Eaker (GSP) states that Margaret Ramsour Cline is born 1740-1744 and dies on January 5, 1789 in Lincoln county. This is consistent with the fact that she does not appear in the 1790 North Carolina census.

In September 1766, Boston Cline Jr. files for land on Lyles Creek, which is granted on April 28, 1768. Boston and his wife Margaret then sell this 350-acre tract to John Leufever [Lefevre] on April 6, 1769. These three transactions are recorded in Mecklenburg county during the 1763-1778 period when land transactions could not be done through the Granville office in Rowan county, which was closed after Lord Granville's death. Apparently, some enterprising residents of the Granville land area are managing to conduct their land transactions through Mecklenburg county, even though the land lies in the domain of Rowan county. The most intriguing thing about Boston Jr's April 6, 1769 transaction is that it utilizes a "lease and release" type of conveyance and that a Jacob Cline signs for the lease portion of this, while Boston and Margaret sign the release portion. The only Jacob Cline of legal age known in North Carolina in 1769 is the Jacob Cline in Mecklenburg county. This Jacob Cline is the probable brother of Sebastian (Boston) Cline and, therefore, Jacob is Boston Cline Jr's uncle. Presumably, Boston Jr had to execute this deed over in Mecklenburg county and needed a resident of Mecklenburg county to be a party to the transaction.

A court petition filed in October 1774 against Boston Cline Jr. reveals that he has abandoned his wife and family of small children and has "run off to Georgia" with Hannah Fry Burns, wife of Conrad Burns. One record is found in Richmond county, Georgia in 1777, wherein Boston Jr. signs a petition to the Continental Congress seeking removal of a General Mcintosh as an incompetent officer.
Nothing further of Boston Jr's life and death in Georgia has yet been found. However, Lincoln county court records in 1787 and 1788 document Hannah Fry Burns' return to Lincoln county with a son Jacob Cline Burns, born in 1777. GSP notes that Boston Jr and Hannah Fry Burns also have a daughter Elizabeth, born 1785-1786. Elizabeth's subsequent fate is unknown.

It is assumed that Boston Jr. dies in Georgia prior to 1790, since he does not appear in any of the surviving 1790 Georgia tax lists. Perhaps Hannah Burns returned to Lincoln county in 1787, due to Boston Jr's death. Hannah Burns is found in Lincoln county court records in 1795 with an abuse complaint against her brother's wife for abusing her son Jacob Burns, and in 1799 contesting being disowned in her father's 1784 will.

Sebastian, Jr. appears in the records many times. Nicholas Fry disinherits his daughter, Hannah Fry Burns, for deserting her husband Conrad Burns and going to Georgia with Sebastian Cline, Jr.

Hannah returns to Lincoln County, NC ca 1788 with her two illegitimate children, Jacob b. 1777 and Elizabeth b. 1785-6 and they appear in Lincoln County, NC records. Jacob is often referred to as Jacob Burns/alias Cline. What happened to Elizabeth is not known but Hannah, d. ca 1818, in Lincoln County.

It must be noted that in the Sebastian Cline family history, Ciscero Cline does not recognize the existence of Boston Cline Jr. and attributes his wife Margaret, as well as his children, to be those of Boston Jr's brother, Christopher Cline. It is certainly understandable that the remaining Sebastian Cline family and descendants would not treasure the memory of this Boston Jr who abandoned his family and that they would not speak of him to the younger and succeeding generations. Therefore, by the time that Ciscero Cline is writing (1910-1915), he and his family of history contributors have no recollection of Boston Jr. They probably remembered only Boston Jr's abandoned children and had come to believe that they belonged to Christopher Cline. This association is natural because Christopher was the only other son of Boston Cline old enough to have fathered these children.

Margaret RAMSOUR was born in 1733 in possibly Tryon County, North Carolina.71,72 and died on 5 Jan 1789 in Lincoln County, North Carolina or York County, SC.71,72 She resided, 1763-1789, Lincoln County, N.C.
Sebastian "Boston" CLINE Jr. {1.4.1} and Margaret RAMSOUR had the following children:

+78

i.

Samuel CLINE73 was born between 1760 and 1765 and died before 1789. He is appointed to the grand jury in Lincoln county. No other records are found for Samuel Cline, however, on December 22, 1789, a widow, Rosannah Cline, marries Martin Buff in Lincoln county. Rosannah is presumed to be the widow of Samuel Cline because no other Cline in Lincoln county, or elsewhere in North Carolina, is known who could leave this widow, prior to 1789. Samuel is assumed to have been born about 1760-1765 in order to have married Rosannah about 1780-1785. Samuel presumably dies in 1789, just prior to Rosannah's marriage to Martin Buff which provides anecdotal evidence to his marriage to Rosannah.

In July 1794, long time Lincoln county resident Peter Myers' will identifies his daughter Rosannah and his grandchildren, Daniel Cline and Susanna Cline. In January 1796, Peter Myers' widow Margaret Myers leases 300 acres of land to Philip Benick with the condition that after her death he must relinquish it to the heir, Daniel Cline (her grandson).

In the Lincoln county 1790 census Martin Buff has in his household two females and two males under age 16. Martin Buff is found in the Buncombe county 1800 census with a wife born 1756-1774, a male (Daniel) born 1775-1785, a female (Susanna), born 1775-1785, and four other children, one born 1785-1790, and three born after 1790. It appears that Martin Buff was a widower with a child at the time of his marriage to Rosannah Cline in 1789.

Susanna Cline, daughter of Rosannah Buff, marries in July 1814 in Haywood county (formed from Buncombe county in 1808). Susanna is assumed to be born about 1785 and is about age 29 when she marries. Her brother Daniel is probably born a few years earlier.

+79

ii.

David CLINE74 was born about 1766 in Lincoln County, North Carolina and died on 20 Dec 1828 in Cleveland County, North Carolina,75 age 62 yrs, per his gravestone at Knob Creek Methodist Church Cemetery, Bellwood, North Carolina. He receives first communion from Rev. Arends at Warlick settlement in Lincoln county on October 26, 1783. He marries Sally Carpenter (Zimmerman) in Lincoln county about 1785. Jacob Zimmerman's 1803 will identifies David Cline's wife, Sally, as his daughter. David's mother Margaret Ramsour Cline dies on January 5, 1789. Within a few months, David leaves Lincoln county. On February 20, 1789, he buys 300 acres on Knob Creek in Rutherford county from his wife's relative, Christian Carpenter. Both David Cline and Christian Carpenter live in Lincoln county at the time of this deed. David, in Rutherford county, claims 40 acres adjoining his own land on Knob Creek on July 1, 1790, and the land is granted on July 9, 1794. He claims another 100 acres on Knob Creek on April 10, 1804.

Cicero Cline confuses this David with another David (1.3.1.2) from Cabarrus county, but does correctly identify the sons of this David (1.4.1.2) in Rutherford county as John Cline and Jacob Cline. Their father and son relationship is confirmed in the records. On April 30, 1821, David sells half of his original 300 acres to Jacob Cline, and John Cline witnesses the deed. David's sons, John and Jacob, are buried near him at Knob Creek Methodist Church. David has the only Cline family in Rutherford county. Therefore, the three Cline women in the Rutherford county marriage records in 1812, 1820 and 1825 are David's daughters. In addition, the Lincoln county marriage records identify another probable daughter, Catherine, who marries in 1814. This Catherine is not a daughter of any Lincoln county Cline and is presumed to be David's fourth daughter who is enumerated as a child in his household in the Rutherford county 1800 and 1810 census. David's family of two sons and four daughters is verified in the Rutherford county 1790-1820 census.

The gravestone next to David Cline is presumably his wife's. It is broken and no inscription can be seen. Also buried near him are the following members of his family:

Sarah Cline Lackey (daughter), born October 25, 1793, dies June 20, 1845.
Jacob Cline (son), dies August 16, 1842 at age 41.
Sarah A. Cline (Jacob's daughter), born July 17, 1834, dies October 27, 1852.
John Cline (son), dies October 13, 1845 at age 55.
Catherine (John's wife), born April 15, 1796, dies July 22, 1881.
Jacob Cline (John's son), dies September 16, 1845 at age 18.
Mima Cline (John's daughter), dies about 1831, age 1 year 11 months.

David's widow, Sally (Salomey) Carpenter (Zimmerman), is listed in the Cleveland (formerly Rutherford) county 1850 census as Sally Cline, born 1766. In the Cleveland county 1860 census, Sally is listed as born in 1768, is an invalid, but still lives in her own household.

David and Sally Cline's children are in the Rutherford county civil and church records and the census of Rutherford county and Cleveland county. They are the only Cline families in Rutherford county.

+80

iii.

Catherine CLINE76 was born about 1769 in Lincoln (Catawba County), North Carolina. She died before 1820. Catherina receives first communion from Rev. Arends at Warlich settlement in Lincoln county on October 26, 1783. This implies her birth date is about 1769. Cicero Cline identifies a Catherine Cline, who marries Michael Sumner (Sumrow or Summerow), as a daughter of Christopher Cline's son Henry (1.4.2.1). However, the discussion of Henry's children in his section of this chapter shows that he does not have such a daughter Catherine. The only Michael Sumrow found in the Lincoln county 1820 and 1830 census is a widower, born 1750-1760, with five children, born 1795-1810, in his household. It is speculated that the Catherine Cline who marries Michael Sumrow, as recalled in Cicero Cline's account, is really this Catharina Cline, daughter of Boston Cline Jr. If this is the case, then Catharina marries Michael Sumrow about 1790, has at least five children by 1810 and dies prior to 1820.

+81

iv.

William "Long Bill" CLINE Sr.77 was born about 1775 in Lincoln County, North Carolina. He died before 1860 in Macon County, North Carolina. William is born 1770-1774 and his wife is born 1780-1784 per census analysis. In the Lincoln county 1800 census, William, born before 1775, appears in his own household with his wife, born 1774-1784, and has no children. In the Lincoln county 1830 census William is listed as born 1770-1780, and his wife is listed as born 1780-1790. William is in the Macon county 1850 census and his widow is in the Macon county 1860 census. William is not found in the North Carolina 1810, 1820 or 1840 census. However, there is a William Cline in the Lincoln county, Tennessee 1820 census, and the ages of that William and his family match the ages of the William ("Long Bill") Cline family. Only two of William's three sons are with him in that census. His son John is still in Lincoln county, North Carolina and is a young head of household there, probably on his father's property, in the 1820 census. Perhaps William moves to Tennessee for the years 1816-1820, which is consistent with his land transactions.

Cicero Cline states that William Cline marries Susannah Blackburn and has sons, William and Nathaniel, and a daughter Fanny. An article by a descendant, Mrs. Nancy Green Garrison, uses family Bible and other personal data to identify the above children and also a son John, who marries Margaret Sullivan, and daughters Malinda, Mary Magdalene (Polly) and Joanna. Mrs. Garrison states that William ("Long Bill") Cline is born about 1770, that his father is unknown, and that William is probably a grandson of Sebastian (Boston) Cline. Mrs. Garrison believes that William ("Long Bill") marries Susannah Blackburn about 1795 and that they first live on the east side of Clarks Creek about four miles east of Newton and then later live on Pinch Gut Creek. William (Long Bill) moves to Macon county in 1835.

The Lincoln county records show William claiming 20 acres in May 1792 on the east side of Clarks Creek, but this claim is "discontinued". He then acquires 116 acres on the east side of the Catawba South Fork in March 1796. His brother-in-law, William Blackburn, and his cousin, Henry Cline (1.4.2.1) witness the deed. William is a juror in January 1798 and is noted as being adjacent to Andrew Wilson on Clarks Creek in November 1800. William witnesses a deed from John Sigman to Andrew Wilson on May 1, 1802.

William attends the estate sale of his mother-in-law Martha Blackburn in October 1803, and he is identified as the husband of Robert Blackburn's daughter Susanna in the Robert Blackburn (deceased 1793) estate settlement of May 1805. William is also identified as the husband of Susannah Blackburn in her brother James Blackburn's will of April 17, 1808, and they, with her other brothers, deed 400 acres to James' widow Susannah on January 7, 1809.

William acquires 176 acres on Bets Branch of Clarks Creek from Lewis Huert in March 1810 and sells this land to Jacob Smyre in May 1816. William deeds 150 acres to Andrew Wilson, adjacent to Andrew's land, in January 1813. William (Long Bill) is on a court panel in January 1812 along with his cousin William ("Devil Bill") Cline (1.4.2.7). It is noted in Appendix J that several of the records found for William Cline could belong to either William ("Long Bill") or William ("Devil Bill"). The most probable attribution is made.

William deeds 185 acres on the east side of Clarks Creek to John Reinhardt on February 26, 1825. He acquires 180 acres on Pinch Gut Creek in November 1826, where his son William Jr had acquired 40 acres a month earlier, in October 1826. William Sr sells part of his Pinch Gut Creek land in April 1834, and the rest in September 1835. William is next seen on the Iredell county tax list, holding 189 acres in 1837.

William and his son Nathaniel of Macon county deed 114 acres on Horney Creek in Haywood county to James Hicks of Macon county in January 1839. William sues John Schuler at Morgan district superior court on September 20, 1848.

William (Long Bill) Cline's children are determined from the cited article by Mrs. Garrison, with additional data from Ciscero Cline, the civil records and the census. ----------------------- An account of William Cline as recorded by J. M. Ballard states that William Cline, generally known as "Long Bill," because, it is said, that he was the tallest man in the community and to distinguish him from the several other William Clines in those days. Whether he was native born or an immigrant we could not learn. Neither could we learn whether he was a direct descendant of our Pioneer Sebastian Cline. From the date of his "children's births we estimate that he was born 1770 or earlier. He married about 1795 to Susannah Blackburn, a daughter of Robert Blackburn one of the Pioneer settlers of the South Fork section of what is now Catawba County.

He seems to have been a prominent man. He and his wife first settled on the East side of Clark's Creek near where J. C. Ikerd now (1930's] lives and on land previously owned by Peter Ikerd one of the pioneers of this section. He must have bought 95 acres to start with, then in 1815 William Cline bought 90 acres from John Ikerd, also a portion of the old Ikerd grant. In the year 1825 or 26 he sold 125 acres to John Reinhardt and bought a farm about three miles to the east on Pinch Gut Creek from Henry Campbell, administrator for the George Lutz estate.

In 1835 he sold that farm and moved to Macon County, North Carolina. This last sale was made to John G. Hines. This farm changed hands several times until in 1852, Alfred M. Propst bought it; he died there in 1923, 96 years old. William and Susannah Blackburn Cline were parents of 9 children, one of whom, William, Jr. married Susannah Starr and remained in Catawba, County. William Cline, Jr., a shoemaker by trade, bought land and settled near his father's home. He farmed in addition to his trade.

In the 1860 census, Esther Miller, the widowed mother-in-law of William Cline, Jr. was living with him and his wife Susannah Starr Cline. The next household listed in that census was that of Julius Calvin and Rebecca Fish Cline and their child Margaret. [Ciscero Cline]

82

v.

Daniel CLINE78 was born between per census data analysis of 1770 and 1774 in Lincoln (Catawba County), North CarolinaHe receives first communion on May 27, 1787 in Lincoln county. He attends his grandfather Sebastian Cline's (1.4) estate sale on September 6, 1794.

On March 4, 1794, Daniel claims 70 acres on Indian Creek in Lincoln county. This land is granted to Daniel on June 27, 1797. Per the Cabarrus county 1800 census, Daniel is born prior to 1775 and appears with his wife, three sons and two daughters in his household. In 1803 Daniel sells his Indian Creek land, with its "small improvement", while he is a resident of Buncombe county. After residing in Cabarrus county and Buncombe county Daniel returns to Lincoln county. In Lincoln county Daniel claims 75 acres bordering Phifer on Macklins Creek in 1805. He buys 200 acres on Hagins Fork from Caleb Phifer of Cabarrus county in July 1806. In 1807 Daniel claims 40 acres on Lyles Creek and also buys 200 acres on Lyles Creek. He appears in the Lincoln county 1810 census with his wife and two additional sons born since the 1800 census.

Daniel serves with the Lincoln county 8th company in the War of 1812. In 1818, Daniel sells his Hagins Fork land and moves to Burke county where he appears in the 1820 census with one son and no wife Daniel is then in the Rabun county, Georgia 1830 census where he is listed as single and born 1770-1780. Daniel obtains land in Murray county, Georgia in the 1832 Georgia land lottery. He is a juror in Murray county in 1837 and 1839. Daniel apparently dies prior to 1840 since he is not located in the 1840 or 1850 census.

Sebastian "Boston" CLINE Jr. {1.4.1} and Hannah FRY were married about 1774. Sebastian ran off to Georgia with Hannah Fry, the wife of Conrad Burns. He may never have returned to his first family. Even a marriage between he and Hannah is not documented. Hannah FRY79 was born in 1745 in Berks County, Pennsylvania.80,81 (14 Trinity 1745 ) She was baptized in 1747 in Tohicken Reformed Church, Berks County, PA.82,83 Sponsors: Joh. Heinrich Babst and wife, Geretraut She died before 13 Nov 1818 in Lincoln (Catawba) or Burke County, North Carolina.84 While married to Conrad Burns, Hanna deserted him for Sebastian Cline, Jr. to Georgia. While in this illicit union, a son, Jacob, and a daughter, Elizabeth, were born.
Hannah was disinherited by her father for deserting Conrad and her children and going to Georgia with Sebastian Cline, Jr. Hanna returned to Lincoln County, NC with these two children. They are listed in Lincoln County records. Jacob was known as Jacob Burns and/or Jacob Cline at various times. As to what happened to Elizabeth is unknown.
Note: Regarding Elizabeth in above paragraph, could she be the same Elizabeth Burns, age 11 [born c. 1785], that was bound to Peter Mosteller in 1796?

...."Here we will give another very important and mysterious incident that he {Solomon Deitz] passed through and performed a very sad and serious duty. There lived in his immediate neighborhood one MR. [Conrad] BURNS, who had married one of the old original pioneer NICHOLAS FRY'S daughters [Hannah], after this marriage they lived happily and peaceably together until one [Sebastian] KLEIN marred their peace and happiness by a sly and artful scheme in seducing his wife to elope with him. He at last succeeded in his plans and the day was set for the elopement. She told the children that she had to go to the spring for a bucket of water and when she did not return, an alarm was given and they with CONRAD BURNS began to make a rigid search for her, but she could not be found. At last the problem was solved. Some one came in and said they saw she and KLEIN going in full haste leaving the county. Then MR. BURNS had a sale and sold everything except a wagon and team, and in a few days they started west. The first night he camped in Burke County and while sleeping his horses broke loose or were stolen. He thought perhaps they had come back to the old farm. He left his wagon and children and came back to search for his horses, but would not find them. During his searching a mysterious tragedy occurred. He mysteriously disappeared, several days were spent in searching the neighborhood for some clue to where he was, but no trace of his whereabout could be ascertained. At last his bones were found by the buzzards. They buried them and SOLOMON DEITZ performed the burial ceremony in the German language. The old people said it was a very solemn affair. Now the great question was how he came to his death. Which was never solved and remains a dark mystery to this late day. The writer gained these facts from old people who knew all about the matter. The writer always made it his business whenever he met an aged person to gain all the information he could in regard to old historical matters and has been very successful in this direction. The foregoing mysterious act occurred about one hundred years ago."
["Catawba Cousins," Vol. 13, No. 2, September 1998, page 9, "Historical Sketch for the News" by G. M. Yoder, 16 February 1906 is the following:

HANNAH FRY was born and was baptized in Bucks County, Pennsylvania, 14 Trinity 1745 at Moseleum Lutheran Church: "Baptized, fourteenth Sunday after Trinity, 1745; Hana, daughter of Joh. Nicholas Frey and his wife, Elizabeth, nee Papstin. Godparents: Michael Hauer and Hana Hillin".

Hannah was the daughter of NICHOLAS FRY who was born about 1724 in Germany (son of JOHANNES AND JOHANEVA FREY) and died 11 June 1784 and MARIA ELIZABETH PABST born 10 January 1726, Thaleischweiler, Rhineland-Pfaltz, Germany. ELIZABETH PABST FRY was the daughter of JOHANNES HEINRICH PABST and GERTRUE KIEFFER. NICHOLAS FRY and wife ELIZABERH migrated from Germany to Pennsylvania and resided in Bucks (Now Berks)County. (ELIZABETH PABST FRY married a second time on 22 May 1787 in Lincoln County, NC, MICHAEL WEIDNER, a widower and died April 1813 in Lincoln County, NC).

HANNAH FRY married CONRAD BURNS in Berks County, Pennsylvania, at about the age of 14 years, being so young, her father and mother must have agreed to the marriage or early marriage could have been an accepted custom. Her first child, PHILLIP BURNS was born when she was about 15 years old. HANNAH and CONRAD BURNS migrated to North Carolina with her father around 1760. It must have been very difficult to have a husband and family at such an early age and then leave all that was familiar to her and move to a new land that was a virtual wilderness. At that time, the Lincoln/Catawba County area was sparsely populated and was still inhabited by Indians.

HANNAH and CONRAD BURNS lived near her parents in what was then known as the Clark's Creek area. We do not know the names of all the children of Conrad and Hannah. She was still a young woman when she began an affair with SEBASTIAN (BOSTIAN) CLINE, JR. and ran away with him to the Georgia Province (now Georgia and Alabama). BOSTIAN and MARGARET RAMSEUR CLINE were neighbors of CONRAD and HANNAH BURNS in the Clark's 'Creek area. After Hannah's return to North Carolina from Georgia, it is believed by the writers of "The Lowman Story" that she resided with her son PHILLIP BURNS in Eastern Burke County, NC. They also state that they believe that she is buried in the old Burns Cemetery (George Hildebran Area) and that the cemetery was started by her son, NICHOLAS BURNS. The writers of this family genealogy believe that she could have been buried near her son, Jacob at the Old Hauss Cemetery located near Newton, North Carolina. Jacob settled her Estate in Lincoln County and she may have resided with Jacob as he is buried there in a marked grave. There are sunken graves beside and above him that are not marked, which are probably his mother and his wife.

NICHOLAS FRY'S WILL:
HANNAH'S father NICHOLAS FRY'S will was dated 11 June, 1784 and probated in Lincoln County NC, 19 June 1784. He names the following heirs:
Wife, ELIZABETH
Sons, GEORGE, PETER, NICHOLAS JR and JACOB
Daughters, MARY, BARBARA, CATHERINE and SUSANNA
"all my children except HANNAH BURNS"

In an effort to claim her portion of her father's estate, HANNAH FRY BURNS filed the following civil action paper, found in the estate records in Raleigh, NC:

State of North Carolina
To the Sheriff of Lincoln County

Greetings:
You are hereby commanded to make known to ELIZABETH WEIDNER (the wife of NICHOLAS FRY - now married to MICHAEL WEIDNER), PHILLIP FRY, GEORGE FRY, JACOB FRY, MARTIN and MARY GORTNER, JOHN and SUSANNAH KILLIAN, GEORGE and BARBARA IKARD, JACOB and CATHERINE GORTNER that they personally appear before the Justice of the next County Court to be held at Lincolnton on the first Monday in January next, then and there to show cause if any they have why the nuncupative will of NICHOLAS FRY, deceased, should not be set aside and administration granted to HANNAH BURNS or such persons the Court shall think proper pursuant to order of Court. Herein fail not and have you then and there this writ.
JOHN DICKSON,
Clerk of said Court of Lincolnton
the first Monday in October in the 23rd year of American Independence
A.D. 1798.

From Court Minutes of Old Tryon County, NC:
Petition to the Court by CONRAD BURNS dated 10 October 1774:
"To the worshipful Court belonging to Tryon County, hoping you will be spectators and Judge the character of BOSTIAN CLINE, JR of Rowan County. Where we under named subscribers, will with much veracity, endeavor to inform you, as if though we were upon our qualifications, whereas divers oaths and information hath been made to CAPTAIN BLACKBURN, when he was in the commission of the peace, setting forth that said BOSTIAN CLINE, a vagrant jude fellow, several times feloniously took away or seduced the wife of CONRAD BURNS from him the lawful wedded husband, and with her carried off divers goods and chattels, the property of said BURNS and that he, the said CLINE, had himself a lawful wedded wife and a family of small children. There is no stop or perimade in regard to his malignant carrid practices, but still keeps hankering after that lude woman, said BURNS wife and makes no industry for a living to support his small comers at home. Said CLINE ran off with said BURNS wife into Georgia Province and left his own poor distressed family to vindicate their own course as well as they could and stayed with said lude woman between one and two years. During that time, she became pregnant with child, which he, the said CLINE, had one Bastard child with her before he had the instigation or motive of breaking the Bonds of Matrimony between BURNS and his wife, and himself and his wife.

We humbly petition, Gentlemen, that you will be circumspect Students in relation to the whole above written, for such practice and carrying must of consequence, be pernicious and malignant in the sight of God and you yourselves may Judge what it is in the sight of man."
Given under our hands this the 10th day of October, 1774
Witnesses:
CH (CHRISTIAN) BECKMAN
PETER MOLL
Court Officials:
FRANCIS PALMER
"German Name"
RUDOLPH CONROD
(Note: All of the above were residents of what is now Burke County, NC)

Note from the writers:
From the above petition, we know that HANNAH FRY BURNS and SEBASTIAN (BOSTIAN) CLINE, JR had at least three children together. One before the petition was filed, (possibly MARGARET BURNS, ophaned child in Tryon County court recors, one in 1774/75, JACOB BURNS, SR in 1777 and some sources state ELIZABETH BURNS born 1780-1784. One of these children was possibly CHRISTOPHER CLINE, born in 1774/75, but further research is needed before we can say for certain. These writers believe that ELIZABETH BURNS was the daughter of CONRAD BURNS and HANNAH FRY BURNS and that she married JACOB HAHN, son of JOHANNES and AGNES LANGLIN HAHN in Lincoln County, 5 November 1788, therefore, this ELIZABETH BURNS was probably born 1768 to 1770, assuming that she was 18-20 at the time of the marriage. We have included her in this history as being a child of CONRAD and HANNAH BURNS, she purchased items at CONRAD BURNS' Estate Sale in 1784 and if 1768 is indeed her birth date, she would have been about 16 years old at the time of the sale. It does not seem likely that HANNAH BURNS would have had two daughters named ELIZABETH. However there was a child named ELIZABETH CLINE born about 1785 or 1786 for which guardian bonds were granted in Lincoln County Court at the same time as JACOB CLINE/BURNS. This ELIZABETH would have been too young to be the child of HANNAH and CONRAD BURNS.

Note: Information received Lucy Cook
Letter of Administration
State of North Carolina, Lincoln County - October Session 1818

Know all Men by these Presents, That we JACOB BURNS, JOHN CLINE and WILLIAM BOST are held firmly bound unto PETER HOYLE, Esquire, Chairman of said court, in the sum of Fifty Pounds, current money to be paid to the said PETER HOYE or his successors; to the which payment well and be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this 19th day of October Anno Domini 1818.

The condition of this Obligation is such, that if the above bounden JACOB BURNS, administrator of all and singular the goods and chattles, rights and credits of Hannah Burns deceased, do make or cause to be made, a true and perfect inventory of all and singular the goods and chattles, rights and credits of the deceased, which have or shall come to the hands, knowledge or possession of the said, JACOB BURNS or into the hands or possession of any person or persons for Him; and the same so made, do exhibit, or cause to exhibited into Lincoln county court, within the time prescribed by law, after the date of these presents: And the same goods, chattles and credits, and all other the goods, chattles and credits of the deceased, at the time of Her death, or which at any time hereafter shall come into the hands or possession of the said JACOB BURNS or into the hands or possession of any other person or persons for him do well and truly administer according to law; and further do make, or cause to be made, a true and just account of His said administration, agreeable to law, after the date of these presents; and all the rest and residue of the said goods, chattles and credits, which shall be found remaining upon the said administrated account (the same being first allowed by the Govenor and Council, Superior or County Court shall deliver and pay unto such person or persons respectively as the same shall become due, pursuant to the true intent and meaning of the act in that case made and provided. And if it shall appear that any will or testament was made by the deceased, and the executor and executors therin named do exhibit the same in court, making request to have it allowed and approved of accordingly, if the said JACOB BURNS above bounded being thereunto required, do render and deliver the said letters on administration, approbation of such testament being first had and made in the said court) then this obligation to be void, otherwise to remain in full force and virtue.
Signed, sealed and delivered in the presence of
V McBEE
JACOB (his "J" mark) BURNS (seal)
JOHANNES KLINE (seal)
WILLIAM BOST (seal)

Note: Information received from Lucy Cook
An Inventory of the Property of the Estate of HANNA BURNS deceased, which was sold by JACOB BURNS, administrator this 13th day of November 1818

Clodfelter, Daniel ................ to a book and Sundrys .................$ .50
Clodfelter, Daniel ................ to a padlock and cotten ............... $ .31
Fry, Phillip .......................... to a parcel of tobacco ..................$ .29
Clodfelter, Daniel ............... to Sundry ? ..................................$ .06 1/4
Fry, John ............................. to Sundry ? .................................$ .06
Huett, George ..................... to a pot of fatt ................................$ .23
Clodfelter, Daniel ............... to a pot of fatt ................................$ .23 1/4
Clodfelter, Daniel ............... to a pot of fatt ................................$ .15
Clodfelter, Daniel ............... to 2 pails .......................................$ .32
Fry, John ............................ to 3 pails .......................................$1.12 1/2
Huett, George ..................... to a parcel of Soap ........................$ .33
Clodfelter, Daniel ............... to a dairy cow, Bacon ....................$ .29
Clodfelter, Daniel ............... to 2 pots .........................................$ .09
Fry, John ............................ to a bag of coffee ...........................$ .50
Clodfelter, Daniel ............... to flax and Sundrys .......................$ .30
Townsley, Aaron ................ to 3 bags dryed fruit ......................$ .61
Fry, John ............................ to a jug ...........................................$ .36
Clodfelter, Daniel ............... to a Honey Pot ...............................$ .60
Townsley, Aaron ................ to a fir hen ......................................$ .32
Clodfelter, Daniel ............... to a cask & ? ...................................$ .90
Rinck, John ........................ to an ascot ......................................$ .36
Huett, George .................... to 2 weeding hoes ..........................$ .32
Sullivan, Daniel ................. to ruff flax .......................................$ .30
Fry, John ............................ to a crout pickel ..............................$ .30
Townsley, Aaron ................ to a parcel of potatoes ....................$ .41
Townsley, Aaron ................ to a barrel ........................................$ .31
Fry, John ............................ to a chair .........................................$ .21
Huett, George ..................... to 2 chairs .......................................$ .66
Clodfelter, Daniel ............... to one chair .....................................$ .65
Fry, John ............................ to a Table ........................................$ .14
Clodfelter, Daniel ............... to a pot ............................................$ .13
Cook, Abraham ................... to a small pot ..................................$ .60
Townsley, Aaron ................. to a small iron .................................$ .60
Cook, Abraham ................... to a skillett .......................................$ .50
Fry, John ............................ to a oven .........................................$ .80
Clodfelter, Daniel ............... to a straw basket ............................$ .04
Fry, John ............................ to a cow & calf .............................$ 15.12 2/3
Fry, John ............................ to a Heffer .......................................$ 6.50
Huett, George ..................... to 6 bushel of corn ..........................$ 4.00
Cook, Abraham ................... to cloathing .....................................$ 1.00
Clodfelter, Daniel ............... to a bead & steads ..........................$ 7.90
Moose, George .................. to a bunch of yarn ...........................$ 1.19
Moose, George .................. to 2 bags .........................................$ .12 1/2
Sullivan, Daniel ................. to 3 bags .........................................$ 1.00
Cook, Abraham ................... to a Chafflingg ................................$ .26
Rinck, John ........................ to a bag of cotten .............................$ .65
Fry, John ............................ to a shawl ........................................$ .35
Cook, Abraham ................... to a shawl ........................................$ .76
Roneny, James .................. to a ? & ? & 4 bales .........................$ .40
Cook, Abraham ................... to jargon & coffee ...........................$ 1.12 1/2
Fry, John ............................ to a small sherot ............................$ .42 1/2
Cook, Abraham ................... to a bag of Sundrys ........................$ .30
Fry, John ............................ to a gobblet & saucer ......................$ .36
Cook, Abraham ................... to a pepper mill ...............................$ .63
Cook, Abraham ................... to a vase with medicine & 2 books...$ .12
Fry, John ............................ to a pewter cason with ? .................$ .51
Clodfelter, Daniel ............... to a pewter cason ............................$ .90
Fry, John ............................ to knifes & forks & spoons ..............$ .14
Clodfelter, Daniel ............... to a dish ..........................................$ .79
Fry, John ............................ to a tea pot ......................................$ .81
Moose, George .................. to a chest & Sundrys ......................$ 1.15
Fry, John ............................ to a bunch of shell and grain ...........$ .38
Cook, Abraham ................... Corn to 20 wt of flour .......................$ .38
Cook, Abraham ................... and 7 of corn meal to a parcel of corn..$ .29
Burns, Jacob ...................... to 75 wt of corn poan at six and fourth cents
............................................ per pound ........................................$ 4.50
Burns, Jacob ...................... to the farming of corn, pound of flax.$ 1.00
Burns, Jacob ...................... to cash .............................................$ 1.56
Burns, Jacob ...................... to a parcel of oats ............................$ .12 1/2

Total .......................................................................... ........................$ 68.71 3/4
Jacob (his "J" mark) Burns
Sworn to in open court
V McBee

Sebastian "Boston" CLINE Jr. {1.4.1} and Hannah FRY had the following children:

+83

i.

Jacob [Cline\Burns] BURNS Sr.85 was born on 2 Dec 1777 in Georgia.84,86,87 He was bound to Jacob Fie in Jul 1795.88 He died on 5 Sep 1857 in Catawba County, North Carolina9 and was buried in Old Hass Cemetery, Newton, North Carolina. Jacob Burns, a farmer, is born in Georgia in 1777 to Boston Cline Jr and Hannah Fry Burns. He returns to North Carolina with his mother, marries, has children and lives near the old Bost schoolhouse. Jacob Burns dies in Catawba county on September 5, 1857, and his wife is buried in April 1867 at Hauss Church cemetery, per the diary of Rev. P.C. Henkle.

Jacob Burns (or Cline) Any legitimation of the marriage is unknown.

1840 Lincoln County Census:
Burns, Jacob
1M - Age 20 to 30
1M - Age 50 to 60
1F - Age 20 to 30
1F - Age 50 to 60

1850 Catawba County Census:
Burns, Jacob - W M - Age 72 - Saddler - Born Georgia - Can Read
Burns, Elizabeth - W F - Age 71 - Born NC
Bush, Catherine - W F - Age 8 - Born NC

During our research it became evident that JACOB went by the name JACOB CLINE until he became an adult and then went by JACOB BURNS.

"JACOB CLINE bound unto JOHN DEITZ then being ten years and 7 months old"
[Lincoln County, NC April Court of Pleas & Quarters 1788]

"Ordered by the court that Jacob BURNS alias CLINE be bound unto JACOB FIE until age 21, being now 10 years old. Said FIE to give the boy, when free, one horse worth 10# and one set of Sadlers tools, such as the said FIE uses, and to learn said boy to read and write and with every respect to comply with the law in such case made and provided." [Lincoln County Court Minutes, July Session, 1788]

The State versus MARIA FIE (Wife of JACOB FIE)
"To any lawful officer to execute:
Whereas complaint has been made before me, JOHN WILFONG one of the Justices for said County, upon the oath of HANNAH BURNS, of said county, widow, that MARIA FIE wife of JACOB FIE of the County aforesaid, sadler dit on the 3rd of this instant at the house of the said FIES, beat and abuse, JACOB CLINE son of the said HANNAH BURNS, now an apprentice to the said JACOB FIE, for the said MARIA FIE dit by her beating said apprentice for making him to strike the said Mother by the agetation of the whiping that his Mistress dit give and other abuse to the said apprentice. We are therefore, in the name of the State, do command you to apprehend the said MARIA FIE and bring her before some Justice for the said County, so that further preceding may be had thereon. Herein fail you not.
Given under my hand and seal this 5th Day of June 1795."
JOHN WILFONG (Seal)
Summoned: JOHN BENFIELD (Junior), JOHN SMITH (Son of DANIEL SMITH) for JACOB CLINE, Apprentice Evidence for the State.
JW
[NC Criminal Action Papers, Superior Court, Lincoln County, NC, January 1788 Session NC Archives, Raleigh]

"A deed of sale from JOHN A. WILSON to JACOB BURNS for 89 Acres dated March 22, 1806, proved by DANIEL McKISICK"
"A deed of sale from MICHAEL PROPST to JACOB BURNS for 67 Acres dated December 21, 1807, acknowledged."
"It is ordered that George Cline about 18 years old be bound unto Jacob Burns until 21 years old to learn the Sadlery trade." [Lincoln County Court of Pleas & Quarter Sessions: April 1808 Session]

Jacob Burns was among the buyers at the estate settlement of George Naugle on January 14, 1825:
"Jacob Burns.................. a sadle & clowes........................... .21"
"Jacob Burns.................. a mare colt.................................... 14.05"
"Jacob Burns.................. 2 frails (baskets of rushes)........... .03"
"Jacob Burns.................. a sise & snead ............................. .271/2"

Funeral for Jacob Burns on the first Sunday, September 6, 1867. 2 Corr 5:1 [Rev. PC Henkel Diary]
From Arbitration papers from the State of North Carolina Archives for settlement of the estate of Jacob Burns, Sr:
A) North Carolina to the use of NANCY HUIT
-vs-
W. D. WYCOFF
ABRAHAM COOK, ADM.

Execution: To the spring term, 1870, Catawba Superior Court

No goods, chattels, land nor tenements of estate of defendants, COOK,
as administrator nor of W.D. WYCOFF

"State of North Carolina, Catawba County, Superior Court
To the Sheriff of Catawba County, Greetings:
Whereas judgment was rendered on the 2nd day of August, 1869, in an action between North Carolina to use of NANCY HUIT, plaintiff, and W.D. WYCOFF and ABRAM COOK, administrator of JACOB BURNS, defendants, in favor of the said, NANCY HUIT, plaintiff, against the said WYCOFF and COOK, administrators, defendants, for the sum of $318.47 1/2 dollars, as appears to us by said, judgment roll filed in the office of the Clerk of said Court.

And whereas, the said judgment was docketed in said County, on the 17th day of August, 1869, and the sum of $318.47 1/2 dollars is now actually due thereon, with interest from the 2nd day of August, 1869.

You are therefore commanded to satisfy the said judgment out of the personal property of the said defendant, within your County; or if sufficient personal property cannot be found, then out of the real property in your County, belonging to such defendants, on the day when the said judgment was so docketed in your County, or at anytime thereafter, in whose hands soever the same may be; and further, to return this execution at the next term of our said Superior Court, on the 1st Monday in March, 1870.
Sealed this 31st day of August, 1869
MO SHERRILL
Clerk of Superior Court for Catawba County

B) State of North Carolina Court of Probate
Catawba County March 10, 1870

ABRAM COOK, as administrator
of JACOB BURNS, decd - Plaintiff
-vs-
PHILLIP BURNS - Defendant

I) Plaintiff complains and alleges that JACOB BURNS, died intestate in said County, September 5, 1857, being there a citizen of said County and possessed of real and personal estates and that plaintiff duly administrated upon said estate at the session of the County Court of said County and undertook the burdens of said administration.

II) The the plaintiff has duly administered all the personal estate which came to his hands, of the intestate, being about $ 600.00, in the payment of his debts, and that there are yet dues and outstanding debts and judgments against the estate, to the amount of about $700.00, and the cost of the administration will be about $200.00 more.
III) That the intestate before his death, to wit about the year 1855, with the intent to defraud his creditors out of the debts, which he then owed and which are yet due and outstanding against his estate, conveyed to the defendant, several tracts of land, which he then owned and being all the real estate of which he was seized or possessed, which said tracts are situated, lying and being in said County and bounded as follows:
viz: The first tract of 150 acres joining the lands of JOHN LUTZ, and others, and others being the tract whereas the defendant now resides, for a more full description of which by miles and bounds, reference is here made to the deed executed by the intestate to said defendant, bearing the date, February 14, 1855 and duly registered in Registers book of said County.

Also another tract of 65 acres, conveyed to the defendant by the intestate on or about the 3rd day of November, 1856, which said tract lies in said County and is bounded as follows; joining lands of the 150 acre tract and bounded as set forth in said deed to PHILLIP BURNS.

Also three other small tracts in said County,
viz; one of 23 1/4 acres, joining the lands of JOHN SUMMIT and others; and one of 5 1/2 acres, joining the lands of JOHN SUMMIT and others; and one of 32 acres, joining the lands of JOHN SUMMIT and others.

IV) That the value of said lands is about $1,000.00, and it will be necessary to sell said above described lands to realize assets enough to pay the debts of the estate, as the smaller tracts will not be sufficient and the large tract cannot be so divided as not to greatly injure the value thereof. That the value of the personal property, which came to plaintiff's hands, was about $600.00 dollars, all of which has been duly disbursed in payment of debts and liabilities of the estate. That the value of the 65 acre tract is about $200.00 dollars, and the value of the three small tracts or parcels of land is about $100.00 dollars.
V) That the defendant sets up claim to the said several tracts of land, under and by pretext of said fraudulent conveyences.
VI) Whereas plaintiff demands judgment, that said before described lands be sold by order of this Court to pay the outstanding debts and liabilities of the estate of JACOB BURNS, deceased, as herein stated and set forth; and for such order and further relief in the premises as the facts of the case may require.

Written in the left margin of the document:
That the heirs at law of JACOB BURNS are the following, to wit, PHILLIP BURNS, JOHN BURNS, ABRAM COOK and wife ELIZABETH, and ANNA HAS, wife of SIMON HAS all of Catawba County and JACOB BURNS.
McCORKLE & BYRUM
Attorneys for Plaintiff

ABRAM COOK, the plaintiff, makes oath that the matters of fact set forth in this complaint, as of his own knowledge, are true, therein information he believes to be true.
Signed: ABRAM COOK
Sworn to this 10th day of March, 1870
MO SHERRILL, Clerk of Court, Catawba County

C) State of North Carolina
Catawba County Superior Court

ABRAM COOK, administrator of JACOB BURNS, deceased, you are hereby notified to give letter of security (at the instigation of P. BURNS, defendant) and justify the present on your land for the prosecution of a suit against P. BURNS
23 September 1869
MO SHERRILL, Clerk of Court
State of North Carolina
Catawba County Superior Court

To the Sheriff of Catawba County, executing:

Your are hereby commanded to notify ABRAM COOK, administrator of JACOB BURNS to give letter of security for the prosecution of suit against P. BURNS by delivering a copy of the above notice to him.

Witness: MO SHERRILL, Clerk of said Superior Court at office in Newton
September 23, 1869
MO SHERRILL, Clerk of Court

D) State of North Carolina
Catawba County Superior Court

ABRAHAM COOK, Administrator
of JACOB BURNS, Plaintiff
-vs-
PHILIP BURNS, Defendant

The plaintiff complains and alleges in a first cause action:

I. That in the lifetime of one JACOB BURNS, to wit, on or about the ___ day of
_______, 18__, the above named defendant contacted, under his hand and seal, with the said JACOB BURNS to pay to him on demand, $600.00 dollars for value received.
II. That on the ___ day of _________ 18__, the said JACOB BURNS, died intestate and that at ___________ term 18 __ of the County Court of Catawba County, the plaintiff was duly appointed administrator of all the goods, chattels, rights and credits of the the said JACOB BURNS and is yet such administrator.
III. That the said simple bills could not be found among the papers of the intestate and is in the possession of the defendant.
IV. That no part of said simple bills has been paid to the plaintiff nor was any paid to his intestate, according to the best of his knowledge, information and belief.
V. That prior to the commencement of this action, the plaintiff, as administrator of said intestate, said on several occasions, demanded of the defendant the surrender of said simple bills on its payment, both of which demands the defendant refused to comply with.
VI. That for a second cause of action since the death of the intestate, but at what exact time the plaintiff is unable to state, the defendant received from a LAWSON FRY the sum of ________ dollars, to the use of the plaintiff.
VII. That thereafter and before this action, the plaintiff demanded payment thereof from the defendant.
VIII. That he has not paid any part thereof. Wherefore the plaintiff demands judgment for the sum of $600.00 dollars, with interest thereon from the ___ day of _______ 18__ and on ________ dollars, for the ___ day of 18__.
Bayport Bailey, Attorney for Plaintiff
Service of notices and pleadings in the action may be served on ___________.

E) State of North Carolina
Catawba County Court of Probate
August 1st, 1870

ABRAM COOK, administrator
of JACOB BURNS, deceased
-vs-
PHILLIP BURNS

I. Defendant answers and admits that JACOB BURNS died intestate in said county at the time set forth in said complaint and that the plaintiff, ABRAM COOK, was duly appointed administrator of the deceased.
II. Defendant denies that the personal estate belonging to said deceased at the time of his death has been exausted in payment of the debts against the estate of the said deceased.
III. Defendant denies that there was any intent to defraud creditors in the sale then drawn of the the lands mentioned in the third allegation of plaintiff's complaint but that he gave a full and fair consideration, to wit; one thousand dollars for the first tract of 150 acres, joining the lands of JOHN LUTZ as described in complaint.
IV. That defendant denies any intent to defraud creditors in the purchase of the other tracts mentioned and described in complaint.
V. That plaintiff and one JOHN BURNS with himself, purchased the said last described lands. To wit; one tract of 65 acres, one of 23 1/4 acres, and one of 5 1/2 acres from the plaintiff's intestate, agreeing therefore to support and maintain the said intestate and his wife ELIZABETH BURNS during their lives. As will more fully appear by reference both deeds, hereto, annexed, marked A or X as a part of defendants answer.
VI. Defendant alleges that if the transaction in regard to the last described lands be adjudged a fraud in law, the plaintiff was a party thereto and as such, cannot maintain this action but the actions should have been brought in the Superior Court and prosecuted by the creditors in person in this court.
VII. That this Court has no jurisdiction, therefore, plaintiff demands judgment his costs at Court.
HUSSEY SCHNECK
Attorneys for Defendant
Signed: PHILIP BURNS
Sworn to before me this 4th July 1870
MO SHERRILL, Clerk of Court

F) State of North Carolina
Catawba County Superior Court
Spring Term 1873

ABRAHAM COOK, Administrator
-vs-
PHILLIP BURNS
JOHN BURNS and others

It is agreed as a final compromise of the suit:
That PHILLIP BURNS shall execute to ABRAHAM COOK, administrator, a release of all debts and judgments, which he owns, against the estate of JACOB BURNS and ABRAHAM COOK, as administrator of the estate, and surrender the evidences of the debts of any in his hands. That the plaintiff thereas, agrees that payment may be taken against him for the cost of this action and that this is to be a final settlement of all matters of differences in issue in That pleadings.

March 8, 1873, HUSSEY SCHNECK, Atty for defendant
WP BYRUM, Atty for plaintiff

G) State of North Carolina
Catawba County Superior Court

A. COOK, administrator, et.al.
-vs-
PHILLIP BURNS, et.al.

This case referred to E. COULTER and C. M. HILDEBRAND, with leave, to choose and umpire. The referees to arbitrate all matters in dispute between the parties, set forth in the pleadings and growing out of the administration of the estate of JACOB BURNS, and the several conveyences of land, i.e., made by and including the costs of council fees of the plaintiff in the two suits, brought by HENRY CLINE as guardian of the HEWIT CHILDREN and in which said CLINE obtained judgment. This award to be a rule of the Court.

A true copy of the Order of Court
MO SHERRILL, Clerk of Court

H) State of North Carolina
Catawba County
August 3, 1872

We the undersigned referies ordered by Court to investigate all matters in dispute between ABRAM COOK, administrator of JACOB BURNS, deceased, plaintiff and PHILIP BURNS, defendant, growing out of the administration of the estate of JACOB BURNS, deceased, met at the Court house 2nd and 3rd of August, 1872.

On examination we find that ABRAM COOK, administrator, duly administrated on the estate of JACOB BURNS and paid out in the payment of the debts of JACOB BURNS all monies and notes which came into his hands, with the exception of
$62.00 dollars in bank bills, which was lost by negligence on his part, which amount we agree worth $30.00 dollars.

We find a judgment in favor of JOSEPH L. HUITT against ABRAM COOK, as administrator of JACOB BURNS, deceased, for the sum of $334.22 with interest on same from August 2, 1869. of $60.16. Costs on same are $41.00.

Also a judgment in favor of NANCY HUITT against ABRAM COOK, as administrator of JACOB BURNS, deceased, for the sum of $265.77 with interest on same from August 2, 1869, of $47.83. Costs on same are $58.18.

Making in agragate of $807.16 to meet, we find only the $30.00 above mentioned in the hands of ABRAM COOK, administrator.

We find a conveyence or deed from JACOB BURNS to PHILIP BURNS, conveying to him for the consideration of $1000.00 dollars, a tract of 150 acres of land, in which we find no evidence of fraud on the part of either. We also find a conveyence or bill of sale from JACOB BURNS for the sum of $275.00 dollars to PHILIP BURNS, ABRAM COOK and JOHN BURNS the following personal property; one wagon, one grey mare, one carriage, still and vessels, all my household and kitchen furniture, one cow, all my hogs, all my wheat, oats, corn and roughness, one harrow, all my farming utensils and all and everything belonging to said JACOB BURNS, all of which was equally divided between PHILIP BURNS, ABRAM COOK and JOHN BURNS at the death of JACOB BURNS, with the exception of the corn, wheat and oats.

Also another conveyence or deed from JACOB BURNS to PHILIP BURNS, ABRAM COOK and JOHN BURNS of 75 acres of land known as the house tract for the sum of $350.00 dollars.

Also another conveyence or deed from the same to the same of three tracts of land, one of 23 1/4 acres, one of 5 1/2 acres, and one of 32 acres, all known as primelands, all three conveyed for the consideration of $100.00 dollars. All of which conveyences we consider fraudently made, with the intent on the part of JACOB BURNS, deceased, to defraud his creditors, and very probably known to the three assignees, especially, ABRAM COOK, plaintiff.

As we find only $30.00 in the hands of ABRAM COOK, administrator, to pay the above named judgments, we agree, that the above named personal property, which we value at $218.00 dollars, without the wheat, oats and corn, which was used by the widow of the deceased, also the above named tract of land known as the house tract, which we value at $450.00 dollars, also the above named three small tracts known as primelands, which we value at $90.00 dollars. The land having been transfered in part, the sale of which might cause other litegation, therefore we agree that each one, PHILIP BURNS, ABRAM COOK and JOHN BURNS be charged with his pro rata part of the real and personal estate received by them as above mentioned and valued, and the same shall be used in payment of above costs and judgments, with simple interest on judgment to present time, also all other court cost of this arbitration which amount is not known.

Therefore our judgment is that PHILIP BURNS pay of the above judgment
and cost $ 252.66 2/3
JOHN BURNS pay on same $ 252.66 2/3
ABRAM COOK pay on same $ 252.66 2/3
ABRAM COOK also our valuation of amt due state $ 30.00

TOTAL $ 788.00
which we respectfully submit
Signed: E. P. COULTER
P. M. HILDEBRAND
JAS. A. GARVIN

Referees time 2 1/2 days each
witnesses J. BOST 1 Day, 6 miles
" J. BURRIS 1 Day, 7 miles

Not presently known is the relationship of JOSEPH L. HUITT and NANCY HUITT to JACOB BURNS, SR., but we suspect that the mother of these children may have been a daughter of JACOB AND ELIZABETH BURNS. If this is fact, then the mother's name was CHRISTINA BURNS, born about 1802 and married JOSEPH HUIT, born about 1797 and died before 1860, the HUIT children, at least Nancy and James who were minors, must have been under the guardianship of HENRY CLINE.

1850 Catawba County Census:
Huit, Joseph - W M - Age 53 - Blacksmith
Huit, Cresianna - W F - Age 47
Huit, Anna - W F - Age 23
Huit, Lucinda - W F - Age 22
Huit, Eliza - W F - Age 21
Huit, Elcana - W M - Age 19
Huit, Barbary - W F - Age 17
Huit, Anderson - W M - Age 13
Huit, Nancy - W F - Age 9
Huit, Lettie - W F - Age 6
Huit, Jane - W F - Age 2
Huit, Franklin - W M - Age 1

1860 Catawba County Census:
Huit, Christenia - W F - Age 59 - Farmer
Huit, Lucinda - W F - Age 35
Huit, Juluis A - W M - Age 22 - Farm Laborer
Huit, Joseph L - W M - Age 16 - Farm Laborer
We have not included her in this book as a daughter of JACOB and ELIZABETH BURNS, because further research is needed on this family.

CENSUS RECORDS
1840 Lincoln (now Catawba) County Census
Burns, Jacob
One White Male - Head Household - Under Age 26
One - White Female - Head Household - Age 16-26
One - White Male - Age 10-16
Two - White Males - Under Age 10
Two - White Females - Under Age 10
Note: JACOB BURNS, JR is not listed on the 1850 Census with his wife and family. It is not known if he died between 1844-1850 or if he went west and left his family.

Lincoln County Deeds:
JACOB BURNS, SR From JACOB BURNS, JR

This indenture made the 29th of February in the year of our Lord, one thousand, eight hundred and Forty four, between JACOB BURNS, JR of the County of Catawba, State of North Carolina of the first part and JACOB BURNS, SR of the County and State aforesaid of the other part, Witnesses: That the said JACOB BURNS, JR for and in consideration of the sum of fifty dollars to him in hand paid by the said JACOB BURNS, SR the receipt whereof the said JACOB BURNS, JR doth hereby acknowledge hath given, granted, bargained, sold, aliened and confirmed and by these present doth give, grant, bargain, sell, alien and confirm unto the said JACOB BURNS, SR his heirs and assigns forever all that tract - piece or parcel of land situated, lying and being in the county of Catawba and State aforesaid, on the waters of Clarks Creek, beginning at a pine in the forks of the creek and runs south and crossing the creek 66 poles to a pine then a new line South 75 East 100 poles to a gum bush and pointers then North 60 East 78 poles to a white oak bush and pointers the North 48 and West 4? poles to a post oak, then North 7t West 164 poles to the beginning corner on said JACOB BURNS line, containing 55 acres more or less and also all woods, ways, water and watercourses and all and every the appurtenances thereto belonging or in any wise appertaining and the reversion and reversions remainder and remainders rents issues and profits of the aforesaid land and premises and very part thereof and the the estate, right, title, interest, claims, demands, and property whatsoever of the said, JACOB BURNS, aforesaid, to the land and premises hereby granted and to have and to hold the aforesaid land and premises with the appurtenances unto the said JACOB BURNS, SR his heirs and assigns to the proper use and behoof of the said JACOB BURNS his heirs and assigns forever and the said JACOB BURNS, for himself, his heirs, the aforesaid land and premises and every part thereof against him and his heirs and the claims of all and every other person whatsoever to the said JACOB BURNS, his heirs and assigns shall and will forever warrant and defend by these persons. In witness whereof the said JACOB BURNS has hereunto set his hand and seal the day and year first above written.

Signed sealed and delivered in presence of
JESSE BOLICK
JOHN BURNS JACOB BURNS, JR
(his seal)

Catawba County in the Probate Court
The execution of the foregoing deed from JACOB BURNS, JR to JACOB BURNS, SR was this 3rd Day August, 1869, duly proved by the oath and examination of JOHN BURNS one of the subscribing witnesses thereto. Get said deed together with this certificate by registered.

M.O. SHERRILL
Probate Judge

Registered 4 August 1869

+84

ii.

Elizabeth BURNS was born between 1805 and 1806 in Lincoln County, North Carolina.90,91 She died after 1870 in Catawba County, North Carolina. Elizabeth is born in Georgia in 1785-1786 to Boston Cline Jr. and Hannah Fry Burns per Lorene Eaker. Elizabeth marries Abraham Cook in Lincoln county on July 17, 1823 and her brother Jacob Burns is bondsman, per the Lincoln county marriage records.