Currituck County Estates
Peter Barnard - 1812
[This was a very lengthy estate and one of the best records I've seen in a long time. I did not abstract many of the documents in the folder so if anyone is interested in this estate I suggest you send to the Archives for a full copy.]
Fall Term 1869 - Aliph DOZIER, Wm EDMONDS & wife Lavinia, Wilson DOZIER, Ida DOZIER, Wingfiled S. DOZIER and Wm T. DOZIER (the last 3 named are infants under 21), Alex DOZIER, Virginia AYDLOTT, Jos. SAWYER & wife Elizabeth, Aliph JONES, Joseph HUTCHINGS & wife Caroline, Sebastian WILLIAMS & wife Dorcas, Willoughby BARNARD, and Sarah BARNARD are plaintiffs against C.W. GRANDY, SR. & wife Ann who are the defendants.
The plaintiffs allege that Peter BARNARD of Currituck County died intestate about 1812 possessed of a tract of land near Indian Town adjoining the lands of Grandy BARNARD and others and now in the occupancy of one John JONES as tenant of C.W. GRANDY, SR. and his wife Ann. At the death of said Peter BARNARD he left surviving him his widow Lydia BARNARD and an only child, Jesse L. BARNARD. That the said lands descended from Peter BARNARD on his death to his son, Jesse L. BARNARD, as his only heir at law. Afterward in about the year 1813 said Lydia BARNARD intermarried with one Joseph DOZIER by whom she had issue, a daughter, Ann who is now Mrs. GRANDY, one of the present defendants. That the said Jesse L. BARNARD died in the year 1814 under age 21 and without any will, leaving his half-sister Ann and his mother, then Lydia DOZIER, surviving him. At his death the lands devolved to his mother for her lifetime. That the said Lydia DOZIER died on or about the year 1866 and at her death the said C.W. GRANDY took possession of the land and now holds the same under a claim of right in behalf of the said Ann GRANDY as half-sister of the said Jesse L. BARNARD. That at the death of Jesse L. BARNARD he left no brother or sister of whole blood nor the representatives of such. The plaintiffs claim they are the heirs at law of the said Jesse L. BARNARD and demand possession of the premises with damages from the date of death of Lydia DOZIER since which time possession has been wrongfully withheld from them and that a special commissioner may be appointed to sell the land and distribute the proceeds among the parties entitled to the same.
1 Sept 1870 - Subpoena to Samuel FEREBEE to appear in Court to testify wherein Aliph DOZIER and others are plaintiffs and C.W. GRANDY, SR. and his wife Ann are defendants. /s/ M.V.B. GILBERT, Clerk of Currituck Superior Court.
27 Dec 1870 - Subpoena to Joseph B. MORGAN to appear in Court to testify wherein Aliph DOZIER and others are plaintiffs and C.W. GRANDY, SR. and his wife Ann are defendants. /s/ A.O. DEY, Clerk of the Superior Court
16 Mar 1871 - Deposition of Rev. Saml FEREBEE
I know the tract of land in Currituck County whereon John JONES now resides near Indian Town. I resided on the adjoining tract of land for 24 years from 1816 to 1840 and I had been on the land frequently for years before and was well acquainted with it. I went there repeatedly during the lifetime of Peter BARNARD.
I knew Peter BARNARD well and went to school with him. He lived and died at the place now occupied by John JONES. Peter BARNARD was always understood to have inherited the land from his father whose name I think was Jesse BARNARD. Peter BARNARD died a short while before I went to live on the adjoining farm. Peter BARNARD left one child according to my best recollection, whose name was Jesse. Not long after Peter BARNARD died his widow intermarried with one Joseph DOZIER and by him had a daughter Ann, the wife of C.W. GRANDY, SR. and one of the defendants in this suit. Jesse BARNARD, the son of Peter BARNARD, I think survived a few years and died, according to my recollection, a few days after the birth of the above named Ann. Peter BARNARD had two children--a son and daughter. I think the daughter died during the lifetime of her father. I know that Jesse survived his father, but died in his infancy.
The whole of the cleared land now attached to the farm of Peter BARNARD was when I first knew it, cleared and under cultivation. I do not know the precise boundaries of the land but it was understood to extend up to the Indian line
binding Grandy BARNARDs landon the one side (the South), the land separated it from my farm on the North, the main road on the East, and on the West some said to the Swamp and some said to the Creek.
From the time of the marriage of the widow of Peter BARNARD to Joseph DOZIER, the said land has been in the possession of Joseph DOZIER
and his wife. Lydia DOZIER survived her husband Joseph many years and died in 1869.
Peter BARNARD left neither brother nor sister in the father's side surviving him nor the issue of such, but half-brothers and half-sisters on his mother's side who were BRAYs and BELLs. The nearest of kin that Peter BARNARD left on his father's side were Willoughby BARNARD, Grandy BARNARD, Edmund BARNARD and Chloe BARNARD, children of Robert BARNARD who was the brother of Jesse BARNARD, SR. and uncle of Peter BARNARD. Edmund BARNARD died leaving 2 children, Grandy & Willoughby both of whom died under age and without issue.
Willoughby BARNARD, first cousin of Peter BARNARD, left the following surviving children--Peter, James, and a daughter whose name I cannot remember. Peter BARNARD left 4 surviving children--Willoughby, Sally Ann, Aza, and Grandy, all now living. James removed to the West and married and died there and is reported to have left children. The daughter married Samuel WILSON and died leaving several children--Jas. Henry WILSON, the wife of D.M.D. LINDSEY, the wife of Alphonso MERCER [marriage records show that Columbia V. WILSON married Alphonzo MERCER in 1868], and others.
Grandy BARNARD, first cousin of Peter, never married, but is understood to have left a will devising his whole estate.
Chloe BARNARD, first cousin of Peter, first married John SANDERSON and by him had 2 children--Dorcas who is now the wife of Sebastian WILLIAMS, and a son by the name of Daniel who removed to the West and of who I have since lost sight. He was married and had children before he left. After the death of John SANDERSON, his widow Chloe married Willoughby SAWYER and by him had one daughter who is now the wife of Joseph HUTCHINGS and who now resides in Norfolk County, Va.
I now remember that Jesse BARNARD, the father of Peter, left besides his brother Robert, a sister whose given name I do not recollect but who married Tully DOZIER SR., who was the father of Samuel, James and a daughter who died without issue. Samuel DOZIER left Tully L. DOZIER and Tully L. DOZIER died leaving several children--Louisa, William, Mary Ellen, Lovey L., Almeda, and Tully A.P. DOZIER. James DOZIER left 4 children--Jesse, Elizabeth, Maria and [blank], a daughter. The daughters all died without issue. Jesse DOZIER married and removed to the West having several children when he removed. I have lost him for some years but understood that he is dead leaving issue.
I have always understood that there was a branch of the old Jesse BARNARD family in Camden County who bore the BARNARD name but I do not know any of them.
I have also always understood, and it was understood by the community, that Lydia claimed and held possession of the land in question, first by right of dower from her husband Peter, and subsequently from the death of Jesse Jr. and the birth of her daughter Ann, one of the defendants in this suit.
Peter BARNARD had other land than the farm in question which he acquired by purchase from the GREGORY heirs at a sale for division. This latter land is located in "Buckhorn" of Currituck County. I think that land passes to the maternal? half-brothers and half-sisters of Peter BARNARD...the BRAYs and BELLs.
/s/ S. FEREBEE [very shaky handwriting]
We agree that this statement shall be read in evidence in the suit as stated, subject only to the defendants right of exception to the hearsay testimony therein.
/s/ L.D. STARKE, Atty for Plaintiffs
/s/ Wm. F. MARTIN, Atty for Defts
not dated - Aliph DOZIER & others vs. C.W. GRANDY, & wife - By leave of the Court the following list of the plaintiffs was allowed to be filed in this case.
Aliph DOZIER entitled to 1/4 of 1/5 of the estate claimed
Lavinia EDMONDS (wife of Wm EDMONDS), Wilson DOZIER, Ida DOZIER, Winfield S. DOZIER & Wm T. DOZIER entitled to
1/51/20 of 1/5
Alexander DOZIER, Virginia AYDLETT & Elizabeth SAWYER (wife of Joseph SAWYER) entitled to
1/31/12 of 1/5
Aliph JONES entitled to 1/4 of 1/5 of said estate
George W. NEWTON in right of his wife Lucinda (born BARNARD) & Bettie BARNARD, legatees and devisees of Grandy BARNARD, deceased, each entitled to 1/10 of the property claimed
Sebastian WILLIAMS in right of his wife Dorcas and Joseph HUTCHINGS in right of his wife Caroline, said Dorcas & Caroline being daughters of Chloe BARNARD, and Daniel SANDERSON a son of said Chloe, each entitled to 1/15 of the property claimed
Willoughby BARNARD, Sally Ann BARNARD, Aza BARNARD and Grandy BARNARD, children of Peter BARNARD and grandchildren of Willoughby BARNARD, deceased, each entitled to
1/41/8 of 1/5 of the property
James Henry WILSON, Elizabeth LINDSEY (wife of D. McD. LINDSEY), Columbia MERCER (wife of Alfonzo MERCER) and Margaret J. HALSTEAD (wife of Geo. N. HALSTEAD), grandchildren of the aforesaid Willoughby BARNARD, deceased, each entitled to
1/41/8 of 1/5 of said property
William DOZIER, Almeda BRAY (born DOZIER & wife of William BRAY), Tully A.P. DeCORMIS (born DOZIER & wife of Joseph DeCORMIS) each entitled to 1/5 of 1/5 of the property. John BROCKETT & Elizabeth BROCKETT, infant children of Gideon and Louisa (born DOZIER) BROCKETT, each entitled to 1/10 of 1/5 of said property. Lovey BELL, infant daughter of Joseph and Mary Ellen BELL (born DOZIER) entitled to 1/5 of 1/5. All of them as children or grandchildren of Tully L. DOZIER who was the son of Samuel DOZIER, who was the son of Mrs. Tully L. DOZIER, SR.
24 Aug 1872 - Notice of Sale of Land - By virtue of an order of the Superior Court of Currituck County, NC, I shall offer for sale to the highest bidder, before the Courthouse door at 1 o'clock on Saturday, the 5th day of October 1872, a tract of land near Indian Town adjoining the land belonging to Grandy BARNARD's estate and others, and at present occupied by John JONES, containing 100 acres. Terms: $200 cash and the residue on a credit of 6 & 12 months with bond and approved security, and title retained until the whole of the purchase money is paid. /s/ L.D. STARKE, Special Commissioner
20 Nov 1872 - Receipt and Assignment of land - Received of L.D. STARKE, Special Commissioner, $30 ($15 each) in full of our share and interest in the proceeds of the sale of a tract of land in Currituck County, NC which is at present occupied by John JONES, in the suit of Aliph DOZIER & others against C.W. GRANDY & wife, and in consideration of said sum we hereby assign all our interest in the said proceeds of the sale of said tract. /s/ Wilson M. DOZIER; Ida M. DOZIER
3 May 1873 - Receipt and Assignment of land - Received of L.D. STARKE, Special Commissioner, $15 in full satisfaction of my share and interest in the proceeds of the sale of a tract of land near Indian Town which was sold by said STARKE under order of the Superior Court in the matter of the petition of Aliph JONES and others. I hereby assign to the said L.D. STARKE all my right, title and interest in and to the land and in the proceeds of the sale thereof. /s/ W.S. DOZIER (of Norfolk, Va.)
2 June 1873 - Receipt and Assignment of land - Received of L.D. STARKE, Special Commissioner, $30 in full of all my right, title and interest in the funds arising from the sale of a certain tract of land near Indian Town (lately occupied by John JONES) which was sold by said STARKE under a decree of Currituck Superior Court in the matter of the petition of Aliph JONES & others. /s/ Virginia AYDLETT
3 July 1873 - Receipt and Assignment of land - Received of L.D. STARKE, Special Commissioner, $100 in full of the share and interest of W.H. BRAY and wife and Jos. L. DECORMIS and wife (in right of said wives) in the proceeds of the sale of a certain tract of land near Indian Ridge which was sold by said STARKE under an order of the Currituck County Court in a petition of Aliph JONES and others, being the same tract of land that was received of C.W. GRANDY & wife by Aliph DOZIER & others. In consideration of said sum we hereby assign, transfer and set over to said STARKE all of our interests in said tract. /s/ Wm H. BRAY; Mede D. BRAY; J.L. DE CORMIS; Tullie A. DE CORMIS. (each represents 1/5 of 1/5)
12 Sept 1873 - Receipt and Assignment of land - Received of L.D. STARKE, Special Commissioner, $22.22 in full of all my share and interest in the proceeds of the sale of the tract of land near Indian Ridge in Currituck County which was sold by said STARKE under an order of the Superior Court in the matter of the petition of Aliph JONES & others and of which Martin FORBES became the purchaser. And in consideration of the said sum I hereby assign, transfer and set over to said STARKE all my interest in the proceeds of the sale and in the land itself. /s/ Alexander M. DOZIER
3 Oct 1873 - Receipt and Assignment of land - Received of L.D. STARKE, Special Commissioner, $100 in full of my share and interest in the proceeds of the sale of a certain tract of land near Indian Ridge in Currituck County, NC sold by STARKE in a petition of Aliph JONES and others, the tract of land being the same that was recovered by Aliph DOZIER & others of C.W. GRANDY & wife. In consideration of the said sum I hereby assign all my interest in the said land and the proceeds of the sale itself. /s/ Bettie BARNARD (of New York City, NY)
1 Dec 1873 - Receipt and Assignment of land - Received of L.D. STARKE, Special Commissioner under an order of Currituck Superior Court in the matter of the petition of Aliph JONES and others, to the court, for the sale of land for partition, $70 in full of our share and interest and especially of the share and interest of Dorcas WILLIAMS, wife of Sebastian WILLIAMS. Said tract of land was sold by STARKE at which time Martin FORBES became the purchaser of the lands near Indian Town adjoining the lands of Wilson FORBES and others. We do hereby assign to him all our right, title and interest in the said land. /s/ Sebastian A. WILLIAMS; Dorcas L. WILLIAMS
13 Jan 1874 - Receipt and Assignment of land - Received of L.D. STARKE, Special Commissioner, $42.40 in full of the share and interest of my two wards John & Elizabeth BROCKETT, in the proceeds of the sale of a tract of land near Indian Ridge in Currituck County, NC which was made by said STARKE under an order of the Superior Court in the matter of the petition of Aliph JONES and others. Martin FORBES being the purchaser of said land, the interest of my said wards being one-fifteenth part each and in consideration I hereby assign and release to him and his heirs all the interest of my said wards. /s/ W.E. DOZIER, Guardian of John & Elizabeth BROCKETT
12 Jan 1875 - Statement of Receipts & Disbursements by L.D. STARKE
5 Oct 1872 - Amount of sale of land mentioned in the petition bid by Martin FORBES this day --- $1700.00
5 Oct 1872 - Deduct expenses and charges of suit of Aliph DOZIER vs. C.W. GRANDY & wife for the recovery of this land in which there had been an outstanding life estate of more than 50 years --- $200.00
5 Oct 1872 - Deduct fee of L.D. STARKE, atty, for making advances, hunting up evidences & taking depositions, selling land and distributing the funds --- $500.00. Leaving for distribution $1000.00.
20 Nov 1872 - Paid W.M. DOZIER & Ida DOZIER (each 1/15 of 1/5) - $30.00
2 Dec 1872 - Paid Wm EDMONDS & wife (1/15 of 1/5) - $15.00
3 May 1873 - Paid W.S. DOZIER (1/15 of 1/5) - $15.00
2 June 1873 - Paid Virginia AYDLETT (1/9 of 1/5) - $30.00
3 July 1873 - Paid J.L. DeCORMIS & wife and W.H. BRAY & wife (each 1/5 of 1/5) - $100.00
18 July 1873 - Paid Grandy BARNARD (1/8 of 1/5) - $25.00
31 July 1873 - Paid W.E. DOZIER (1/5 of 1/5) and wife Aza (1/8 of 1/5) - $65.00
13 Aug 1873 - Paid Elias BEALS and wife (Sarah A. BARNARD 1/8 of 1/5) - $25.00
22 Aug 1873 - Paid W.D. BARNARD (1/8 of 1/5) - $25.00
22 Aug 1873 - Paid J.E.C. BELL, guardian of Lovey BELL (1/5 of 1/5) - $40.00
12 Sep 1873 - Paid Alex. M. DOZIER (1/9 of 1/5) - $22.22
3 Oct 1873 - Paid G.W. NEWTON & wife (1/10 of whole amt) - $100.00
3 Oct 1873 - Paid Bettie BARNARD (1/10 of whole amt) - $100.00
8 Nov 1873 - Paid D. McD. LINDSAY & wife (1/8 of 1/5) - $25.00
15 Nov 1873 - Paid Joseph SAWYER & wife (1/9 of 1/5) - $22.22
1 Dec 1873 - Paid S.A. WILLIAMS & wife (1/15 of whole amt) - $66.66
12 Jan 1874 - Paid Alfonso MERCER & wife (1/8 of 1/5) - $25.00
12 Jan 1874 - Paid G.N. HALSTEAD & wife (1/8 of 1/5) - $25.00
13 Jan 1874 - Paid Henry J. WILSON & wife (1/8 of 1/5) - $25.00
13 Jan 1874 - Paid W.E. DOZIER guardian of John & Elizabeth BROCKETT (each 1/5 of 2/10) - $40.00
19 Mar 1874 - Paid Joseph HUTCHINGS & wife (1/15 of whole) - $66.66
26 Mar 1874 - Paid T.B. JONES, admr of Aliph JONES (1/15 of whole) - $66.66
17 June 1874 - Paid E.L. & J.N. SANDERSON (heirs of Daniel) 1/2 of 1/15 - $33.33
31 Aug 1874 - Paid Rutherford SPEARMAN & wife and Wm Y. SPEARMAN & wife and others, heirs of Daniel SANDERSON (1/2 of 1/15) - $33.33
Due to W.T. DOZIER (a minor) 1/15 of 1/5 with interest from Jan. 1, 1873 - $15.00
/s/ L.D. STARKE, Special Commissioner
[Source: Currituck County Record of Estates 1812-1926; Vol. Ashby-Brumsey (Microfilm G.030.1862908)]
This estate was contributed by Kay Midgett Sheppard. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!
© 2006 Kay Midgett Sheppard