Return to Hyde County

Benjamin O'Neal- 1880
NC Archives, Original estates records 1745-1904; CR.053.508.54

May 20, 1878 - Christopher Fletcher & his wife Susan of Hyde Co. mortgaged to D.W. Wilkinson of Hyde County, for $81.52, a parcel of land in Hyde Co. adjoining the lands of A.J. Cox, J.S. Northan and others; also one house & lot.  Bond is payable on Feb. 1, 1879 and if paid then this deed is null & void.  /s/ Christopher [x] Fletcher

June 24, 1878 - For value received I hereby transfer the within mortgage to J.F. Cox.  /s/ D.W. Wilkinson

Dec. 31, 1879 - For value received I hereby transfer the within mortgage to Benjamin O'Neal.  /s/ J.F. Cox

Dec. 1880 Middleton - To the Probate Judge of Hyde County - I Levina O'Neal do hereby relinquish all of my right of administration on the estate of my deceased husband, Benjamin O'Neal to A.B. Tunnell.  /s/ Levinia [x] O'Neal

Jan. 7, 1881 - A.B. Tunnell signs a bond for $1200.00 as administrator of Benjamin O'Neal.  /s/ A.B. Tunnell, D.M. Watson, Milton Selby.
    As administrator, A.B. Tunnell asks the Court for permission so sell the personal property of Benjamin O'Neal in order to enable him to close his administration.  License is granted to sell the property at public sale for cash.  /s/ Jas. H. Wahab, Probate Judge

Jan. 14, 1881 - Commissioners met to lay off to Lavinia Oneal, the widow of Benjamin Oneal, dec'd., her one years provision which came to $226.60.  It is ordered by the appraisers that the adm'r. pay over to the widow $73.40.  /s/ S.M. Rollins, F.S. Roper, Wm. P. Cox, JP

Feb. 7, 1881 - Account of Sales of the personal property of Benjamin O'Neal, deceased, sold by A.B. Tunnell, Administrator.  Various buyer were Henry O'Neal, S.J. Young, J.S. Northan, C.C. Spencer, William Rose & B.B. Saunderson.  Total sale $151.46.  Another sale in April 1881 was made for corn and cotton.  /s/ A.B. Tunnell, Adm'r.

July 23, 1881 - Account of sales audited and approved.  /s/ Jas. H. Wahab, Probate Judge

Oct. 11, 1881 Special proceeding in Superior Court - Petition of Lavenia O'Neal, widow of Benjamin O'Neal states that her husband died intestate during the month of March 1881 leaving him surviving Henry O'Neal & Mary O'Neal, his brother and sister.  She states that at the time of his death he was seized in fee simple of the following tracts of land in Hyde County, and she desires to have her dower allotted to her.
    1) A tract in the Tooley Patent containing 30 acres
    2) A tract on Oyster Bend containing 5 acres
    3) A tract adjoining the lands of J.S. Northan containing 17 acres
    4) A tract adjoining E.L. Mann containing 15 acres
    5) A tract known at the Popin Tract containing 63 acres
    6) A tract lying in Slocum Settlement containing 10 acres
    7) A tract purchased by hum of Labarbe & lying near the Slocum Canal containing 40 acres
    8) A tract adjoining the Linton heirs containing 41/2 acres
    9) A tract adjoining William Selby containing 35 acres
  10) A tract adjoining A.J. Cox containing 14 acres.

Oct. 19, 1881 - Lavina O'Neal vs. Henry O'Neal & Mary O'Neal,  Summons to have Henry O'Neal and Mary O'Neal appear in Court within 10 days.

Dec. 28, 1881 - Commissioners met on the premises of Benjamin O'Neal, dec'd., and laid off to Levina Hall, widow of the late Benjamin O'Neal, the following real estate, being 1/3 in value.  One tract containing 142/3 acres.  Also another tract located on Far Creek bound by the main road on the South, Joshua Swindell on the East, by Far Creek on the West and by the Cox heirs, containing 35 acres.  /s/ B.F. Jennett, F.S. Roper, G.M. O'Neal, A.J. Cox, W.H. Lucas

Jan. 16, 1882 - Notice given to Henry O'Neal, Mary O'Neal and Lavinia O'Neal, widow of Benjamin O'Neal, that the dower has been set off to said Lavinia and they have 10 days to file their exceptions.  Jas. H. Wahab, Clk. Supr. Court

Mar. 13, 1882 - The final report of the commissioners who were summoned and sworn to lay off the dower of Lavinia O'Neal, the petitioner, having been returned and notice having been given to the plaintiffs and defendants to appear and show cause why said report should not be confirmed and no exceptions being made thereto, the said report is confirmed and ordered to be registered.  /s/ Jas. H. Wahab, Clerk SC

May 16, 1882 - Henry & Mary O'Neal petition for division of land.  They state that Benjamin O'Neal died intestate about 1881 leaving him surviving the petitioners and that at his death he was seized of the following tracts of land:
    1) One tract of 22 acres lying near Middle Creek adjoining the lands of E.L. Mann & James W. Gibbs subject to the dower of the widow
    2) One tract on Far Creek adjoining Joshua Swindell and the lands known as the Cox land containing about 35 acres.
    3) One tract lying on Middle Creek adjoining the lands of Henry Spencer & Thomas Ballance heirs purchased by Benjamin O'Neal from David Harris and his wife & Baker Nobles and his wife, containing 7 acres.
    4) One tract lying on Slocum adjoining Dr. Sanford A. Long & the Labarbe land containing 40 acres.
    5) One tract on Slocum adjoining the lands of Jack Fonville and Charles Long containing 10 acres.
They further show that they are both of full age and wish a partition of said lands subject to the dower right of the widow.  /s/ N. Beckwith, Atty. for Petitioners.

May 22, 1882 - Order for commissioners to divide land in 2 equal shares between Henry O'Neal and Mary O'Neal.  /s/ Jas. H. Wahab, Clerk Superior Court

Feb. 7, 1881 - Apr. 3, 1882 - A.B. Tunnell, administrator, in account current with the estate of Benjamin O'Neal.  Balance due the estate was $199.69.  /s/ A.B. Tunnell

Nov. 11, 1882 - Division of lands of the late Benj. O'Neal between his heirs Henry O'Neal and Mary O'Neal as follows:
    1) 40 acres adjoining the lands of Dr. S.H. Long and others known as Mulbery Ridge valued at $500.00; _____ known as the B.S. Midyett land valued at $65.00; and 1/2 of a tract of 40 acres adjoining the lands of Joshua Swindell & others valued at $35.00 making in all a total value of $600.00 which was drawn for Henry O'Neal as his part.
    2) 17 1/2 acres known as the Benj. Ballance land including the land known as the Baker Nobles land and Christopher Fletcher lands valued at $495.00; also one acre adjoining A.B. Tunnell valued at $25.00; a tract of land known as the Tooly land valued at $25.00; 1/2 of a tract of 40 acres adjoining the lands of Joshua Swindell and others valued at $35.00; one oyster bed valued at $20.00 making in all a total valuation of $600.00 drawn for Mary O'Neal as her part.  /s/ W.H. Lucas, J.F. Cox, W.H. Jones, commissioners

May 10, 1883 - The final report of the commissioners who were summoned and sworn to lay off to Henry & Mary O'Neal their partition of land.  No exceptions having been made thereto, the said report is confirmed and ordered to be registered.  /s/ Jas. H. Wahab, Clerk SC

Apr. 3, 1882 - Sept. 20, 1883 - A.B. Tunnell, administrator, in account current with the estate of Benjamin O'Neal.  /s/ A.B. Tunnell, Administrator

Aug. 5, 1884 - A.B. Tunnell, Adm'r. of Benj. O'Neal against D.W. Wilkinson, Mary B. O'Neal Stephen Fletcher & Dorcas Gibbs.  Summons to have defendants at the Court House on the 7th Monday after the 4th Monday of September 1884.  /s/ Jas. H. Wahab, Clerk Superior Court

Fall Term 1884 - [This record was dark enough but the handwriting was poor and a lot of the words cannot be made out.]  A.B. Tunnell, Adm'r. of Benj. O'Neal against D.W. Wilkinson, Mary B. O'Neal Stephen Fletcher & Dorcas Gibbs.  Said Tunnell states that:
    1) On or about the 15th day of October? 1881 he qualified as administrator on the estate of Benj. O'Neal.
    2) That Christopher Fletcher ______ to S.W. Wilkinson in the sum of $81.52 on May 20, 1878 to secure the mortgage upon the following tract of land in Hyde County in Lake Landing Twp. adjoining the lands of A.J. Cox, J.S. Northan and others and that no part of that sum has been paid and said mortgage has been recorded in the Registers Office in Book 14 pages 428 & 9.
    3) That on June 24, 1878 the value of this mortgage was transferred to J.F. Cox.
    4) That J.F. Cox transferred the value of this mortgage to Benj. O'Neal on Dec. 31, 1879.
    5) That Christopher Fletcher died intestate during the year 1879 having no property and little possessions the __________for the years support of the widow of the said Fletcher.
    6) That Susan, the widow of the said Christopher Fletcher, has _________ in the property which ________ had to Benj. O'Neal since the death of her husband.  She ______ joined with her husband in the mortgage ___________________________________________.
    7) That the said Christopher Fletcher died without having any heirs of his own body; that the heirs at law of the said Christopher Fletcher are his brother and sisters, Stephen Fletcher, Dorcas Gibbs and one sister whom the plaintiff does not know but who has _____ any interest she may have to her brother Stephen Fletcher, one of the defendants.
    8) That in the partition of the lands of Benj. O'Neal the commissioners who made the partition believed that Benj. O'Neal was the ______ of the land ______in this complaint set it apart to Mary O'Neal as part of the share allotted to her; that the purchase of this mortgage is necessary for the purpose of discharging the estate of Benj. O'Neal.
    Therefore plaintiff brings judgment for the sum of $81.52 with interest from Feby 1st 1879; that the land in the complaint be sold and the defendants ________ of all equity or interest in the said land.

May 12, 1885 - Stephen Fletcher, one of the defendants and one of the heirs at law of Christopher Fletcher, became the purchaser in the sum of $150.00.  That the sum is a fair price for the land.  /s/ A.B. Tunnell

Jan. 14, 1882 - May 15, 1885 - A.B. Tunnell, Administrator in account current with the estate of Benj. O'Neal - Mentions receiving $146.00 from the Christopher Fletcher mortgage.  Sworn to and subscribed before me this 19th day of March 1894.  /s/ W.D. Mann, JP

[NOTE]  According to the 1900 census, Lavina Jackson was born April 1835 & died after 1900.  In 1850 she was age 14 and living with the John Berry family.  In this same home was Mary Jackson, age 31, who was possibly the mother of Levina.  There was a Mary Jackson, a single woman, who was taken into court in March 1838 for having a bastard child (doesn't say when the child was born) and she named the father as William Selby, Sr. of Mattamuskeet who posted a bond of $400 in May 1838.

Levina was 1st married to Jeptha Rose (born c1799) on May 8, 1855 and they show up in the 1860 census.  Although no marriage record has been found, Lavina apparently married Benjamin O'Neal between 1861 -1870.  Benjamin died sometime in the latter part of 1880 and Lavina married for the 3rd time to William Dameron Hall on Aug. 28, 1881.  I don't believe that Lavina had any children of her own.

The above estate record has discrepancies in it.  Lavina relinquished her right of administration on Benj. O'Neal's estate in December 1880 yet in another record she states he died in March 1881.  Henry & Mary O'Neal are referred to as siblings of Benjamin O'Neal, yet in another record they are referred to as children of Benjamin O'Neal.  If anyone has any further knowledge about this particular Benjamin O'Neal, please let me know so I can add the information on this page.

1850 Hyde Co., NC Census
(Mattamuskeet Dist.)

NAME AGE OCCUPATION BIRTH PLACE
John Berry 40 Farmer Hyde Co.
William Berry 16 Laborer Hyde Co.
Benjamin Berry 14   Hyde Co.
Mary Jackson 31   Hyde Co.
Lavinia Jackson

14

  Hyde Co.

1860 Hyde Co., NC Census

NAME AGE OCCUPATION BIRTH PLACE
Jephtha Rose 61 -- NC
Lavina Rose 24 -- NC

1870 Hyde Co., NC Census
(Lake Landing Twp.)

NAME AGE OCCUPATION BIRTH PLACE
Benj'n. O'Neal 45 Farmer NC
Lavina O'Neal 35 Keeps House NC
Lavina O'Neal 18   NC
Henry O'Neal 17 Farm Laborer NC
Mary O'Neal 14 Farm Laborer NC
William O'Neal 19 Farm Laborer NC

1880 Hyde Co., NC Census
(Lake Landing Twp.)

NAME AGE RELATION BIRTH PLACE
Benj. O'Neal 57 Head NC
Lavina O'Neal 45 Wife NC
Charles C. O'Neal 15 Son / lame NC
Fred King 16 Hired NC
Benj. Goode 35 Hired NC

1900 Hyde Co., NC Census
(Lake Landing Twp.)

NAME RELATION BIRTH AGE MARRIAGE OCCUPATION BIRTH PLACE
William D. Hall Head Oct 1847 52 19 yrs Farmer NC
Lavina Hall Wife Apr 1835 65 no children -- NC
Cora Hall Dau Oct 1877 22 single -- NC
Ernest Swindell Nephew Feb 1887 13   -- NC
Lavina Spencer Niece Mar 1855 45 widow
1 child/1 living
-- NC

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!

 

2010 Kay Midgett Sheppard