Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 Case No. 1 Fine No. 7 ALEXANDER BENNETT [ALEXANDER BARNET] deceased SAMUEL NEELY applicant Also will of HANNAH OLDRAGE 1831 Page 1 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 In the name of God Amen. This 6th day of November in the year of Our Lord 1826 I HANNAH OLDRAGE living in Lincoln County North Carolina and in the house of JAMES CARROLLS being in a weak and declining state of body but perfect mind and memory and judgments, thanks to almighty God, and calling to mind the mortality of my body knowing that it is appointed for all men once to die, do make & ordain this my last will and testament in manner and form following that is to say. AFTER commending my soul to God who gave it and my body to be buried in a Christian and decent Manner and as touching my worldly property I desire to dispose of in the following Manner and form. FIRST I allow all my clothing to my granddaughter HANNAH BENNETT except to Homespun frocks that I leave to my two granddaughters JOHN BENNETT's two eldest daughters. ITEM I will and bequeath unto my granddaughter HANNAH BENNETT the wheel and card & c., my feather bed and half of the bed furniture the balance to be JOHN BENNETT and pots and kitchen Furniture. ITEM I will that my funeral expenses be first paid. ITEM I will that my son WILLIAM BENNETT shall have my share of the land that SAMUEL NEELY now lives on. AND for just an actual execution of this my last will and testament I do nominate an appoint JAMES CARROLL my executor signed and acknowledged day and date above mentioned. HANNAH OLDRAGE {her mark} JAMES MONTGOMERY E. B. DAVIS Page 2 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 State of North Carolina Lincoln County I VARDRY MCBEE Clerk of the Court of pleas and quarter sessions in the state and County aforesaid certify by these presents that the within is a true copy of the last will and testament of HANNAH OLDRAGE, deceased, as recorded & filed in the clerk’s office of said County. In testimony whereof I have set my hand and seal of office at Lincolnton the 26th day of January 1831. VARDRY MCBEE CC copy of HANNAH OLDRAGE A true copy of the original VARDRY MCBEE, witness, CC Page 3 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 South Carolina York District Know all men by these presents that we DAVID JACKSON and A. MCWHORTER are held and firmly bound unto BENJAMIN CHAMBERS ordinary of the district aforesaid and his successors in office or assigns in the sum of $195.24 to which payment well and truly to be made and done we bind ourselves our heirs, executors and administrators jointly and severally firmly by these presents. Sealed with our seals and dated this 7th day of June 1831. The condition of the above obligation is such that if the above bounden DAVID JACKSON shall and truly pay on to BENJAMIN CHAMBERS ordinary as aforesaid or his successors in office the sum of $195.24 twelve months after the date hereof then this obligation to be void or to remain in full force and virtue. DAVID JACKSON Signed and sealed in presence of A. MCWHORTER Page 4 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 SAMUEL NEELY applicant in right of ALEXANDER BENNETT [ALEXANDER BARNET] WILLIAM BENNETT, NANCY BENNETT heirs at law ALEXANDER BENNETT [ALEXANDER BARNET] deceased vs JAMES BENNETT, JOHN BENNETT, POLY BENNETT & c., defendants Summons in Partition On due examination it is ordered and decreed that the lands described in the summons in partition in this case be sold by the sheriff of York District on the premises on the 7th day of June next or on such other sale day as will be most for the advantage of the parties and interest on a credit of 12 months the purchaser giving bond with good security a mortgage of the premises if deemed necessary to the ordinary for the payment of the purchase money. BENJAMIN CHAMBERS, OYD Page 5 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 SAMUEL NEELY applicant vs The Heirs at law of ALEXANDER BENNETT [ALEXANDER BARNET] Sr. deceased defendants May 9th 1831 Recorded in book m page 38 Sold tract No. 1 (see plat) to MATTHEW WATSON for $2.12½ per acre $215.68¼. No. 2 (see plat) sold to DAVID JACKSON for $1.08, $109.62 … 7 mills JOHN S. MOORE, SYD Resold Track No. 1 (see plat) to WILLIAM WATSON for $2 per acre … 7 mills July 22nd 1831 JOHN S. MOORE, SYD Page 6 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 DAVID JACKSON & JAMES L. JACKSON bound to BENJAMIN CHAMBERS ordinary for $97.62 cash Received $12.00 in hand ============================ $109.62 Bond due 7th of June 7th 1832. Received March 5th 1832 of the within Bond $97.62 in full of the within Bond BENJAMIN CHAMBERS, OYD Page 7 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 SAMUEL NEELY who purchased three of the heirs at law of ALEXANDER BENNETT [ALEXANDER BARNET] deceased applicant vs All other heirs at law or claimants DAVID JACKSON WILLIAM WATSON ANDREW J. HANNAH AUGUSTUS BRIANT [Augustus Bryant, Augustus Brian] MATTHEW WATSON Page 8 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 The settlement of the Real Estate of ALEXANDER BENNETT [ALEXANDER BARNET] deceased August 1832 Recorded Book M Page 81, 82 & 83 Page 9 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 Received August 13th 1832 of BENJAMIN CHAMBERS ordinary $91.55 it being in full of the distributive share of ALEXANDER [BENNETT], WILLIAM [BENNETT], and NANCY BENNETT of the tract of land belonging to estate of their father ALEXANDER BENNETT [ALEXANDER BARNET] deceased sold for partition by the court of ordinary & the right of which shares had been deed duly executed transferred to SAMUEL NEELY. Received for SAMUEL NEELY by BENJAMIN NEELY W. R. HILL, Test [William R. Hill?] Received August 13th 1832 of BENJAMIN CHAMBERS ordinary $30.15 in full of the distributive share of JOHN BENNETT as are at law of ALEXANDER BENNETT [ALEXANDER BARNET] deceased of a tract of land sold by the court of ordinary for partition & the right to which is done transferred to me by deed duly executed. JOHN LOVE W. R. HILL, Test Received 29th of August 1836 of BENJAMIN CHAMBERS ordinary $30.50 in full of the distributive share POLLY BENNETT as heir at law of ALEXANDER BENNETT [ALEXANDER BARNET] deceased of a tract of land sold by the court of ordinary for petition on the right to which is done transferred to me by deed duly executed. JOHN LOVE Jr. for JOHN LOVE Sr. [unintelligible] Test Page 10 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 WILLIAM BENNETT vs BENJAMIN CHAMBERS Magistrate's appeal Decree = $18.31 Received 7th February 1839 of BENJAMIN CHAMBERS $18.31 and full of the decree in above case. JAMES BRIAN, SYD Page 11 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 writ in summons State of South Carolina York District To JOHN LOVE who claims by deed from JOHN BENNETT and POLLY BENNETT legal heirs and representatives of ALEXANDER BENNETT [ALEXANDER BARNET] Sr. deceased who died intestate, greeting You are hereby required to appear at the court of ordinary, to be holden at York courthouse for York District, on the 9th day of May A. D. 1821 to show cause, if you can, why the real estate of ALEXANDER BENNETT [ALEXANDER BARNET] deceased, situate in said District, on Moore’s branch of Allison's Creek bounding on SAMUEL NEELY, DAVID JACKSON, AUGUSTUS BRIANT, WILLIAM WATSON and containing 154 Acres more or less being originally to surveys originally granted to ALEXANDER BENNETT [ALEXANDER BARNET]; one tract of 46 acres the balance to someone to me unknown should not be divided, or sold, allotting to the said HANNAH BENNETT, if alive, if dead to her heirs at law or legatees. One third thereof, and the remaining two- thirds between said heirs at law and SAMUEL NEELY & JOHN LOVE in right of ??? of The Heirs at law according to their legal interests. Given under my hand and seal, this 15th day of February 1821. Benjamin Chambers, OYD Page 12 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 SAMUEL NEELY applicant in right of ALEXANDER BENNETT [ALEXANDER BARNET], WILLIAM BENNETT and NANCY BENNETT vs JAMES BENNETT, ALEXANDER BENNETT [ALEXANDER BARNET], WILLIAM BENNETT, NANCY BENNETT, JOHN BENNETT, POLLY BENNETT heirs at law of ALEXANDER BENNETT [ALEXANDER BARNET] Sr., deceased & HANNAH BENNETT deceased. Defendants. February 15th 1831 Recorded book m page 40 Page 13 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 South Carolina York District I JOHN LOVE one of the claimants of the estate of ALEXANDER BENNETT [ALEXANDER BARNET] deceased having purchased two of the minor heirs at law shares the widow's third of the real estate of said deceased, I do hereby accept the service of the within writ in Summons May 4th 1831, JOHN LOVE May 9th 1831 the parties interested not appearing to show any cause who reside without the limits of this state after being legally notified their consent to the same is hereby entered of record. Benjamin Chambers, OYD Recorded Book M Page 37 Page 14 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 South Carolina York District Personally appeared before me DAVID JACKSON, WILLIAM WATSON, and AUGUSTUS BRIANT and JAMES BIGGER all being sworn sayeth on oath that they are acquainted with the tract of land the property of the estate of ALEXANDER BENNETT [ALEXANDER BARNET] deceased and they are of opinion that the land divided into two tracks and sold in order to make partition and division amongst The Heirs at law will be most for the benefit of the parties interested. DAVID JACKSON WILLIAM WATSON AUGUSTUS BRIANT {his mark} JAMES BIGGER Sworn to before me and subscribed this 9th day of May 1831. BENJAMIN CHAMBERS QU Page 15 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 South Carolina York District KNOW ALL MEN BY THESE PRESENTS that we WILLIAM WATSON, WILLIAM MCELWEE & are held and firmly bound to BENJAMIN CHAMBERS ordinary of the district aforesaid and his successors in office or assigns in the sum of $406 to which payment well and truly to be made and done we bind ourselves our heirs, executors and administrators jointly and severally firmly by these presents sealed with our seals and dated this 22nd day of July 1831. THE CONDITION OF THE ABOVE OBLIGATION is such that the above bound WILLIAM WATSON shall will and truly pay to BENJAMIN CHAMBERS ordinary as aforesaid or his successors in office the sum of $22 in hand and $181 12 months after the date hereof they're this obligation to be void or else to remain in full force and virtue. WILLIAM WATSON Signed and sealed in the presence of AMOS BURNS WILLIAM MCELWEE Page 16 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 The Affidavit of DAVID JACKSON WILLIAM WATSON AUGUSTUS BRIANT JAMES BIGGER about the land of Alexander Barnett deceased May 9th 1831 Page 17 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 South Carolina York District Personally appeared before me WILLIAM LOVE, gentleman, and upon oath saith that he purchased the share of POLLY BENNETT to the real estate of ALEXANDER BENNETT [ALEXANDER BARNET], deceased. That POLLY BENNETT executed a title to our NATHANIEL HENDERSON, who executed afterwords a title to NATHANIEL CARROLL & the said NATHANIEL CARROLL executed a title to this deponent. Deponent also states that this deed represents the distributive share of the said POLLY to the real estate of ALEXANDER BENNETT [ALEXANDER BARNET] as one of the heirs at law. Deponent also states that he conveyed the same to JOHN LOVE & that he delivered all the title papers to the said JOHN LOVE. WILLIAM LOVE Sworn to subscribe this 29th of August 1836 J. M. ROSS QU Page 18 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 Received of BENJAMIN CHAMBERS for services done for the estate of ALEXANDER BENNETT [ALEXANDER BARNET] deceased 5 days and $5 June 13th 1831 DAVID JACKSON Received of BENJAMIN CHAMBERS for services and sale of real estate of ALEXANDER BENNETT [ALEXANDER BARNET] deceased as Sheriff by the order of the Court ordinary $2.62 June 13th 1831 JOHN S. MOORE, SYD Received of BENJAMIN CHAMBERS ordinary of York District $4 for services rendered in an about the land of ALEXANDER BENNETT [ALEXANDER BARNET] deceased agreeable to the request of the parties interested in the sale or division of said lands. July 28th 1831 AUGUSTUS BRIANT {his mark} Received $8 from SAMUEL NEELY one of the heirs of ALEXANDER BENNETT [ALEXANDER BARNET] at sale for running out the lands said BENNETT and plotting the same. May 18th 1831 ANDREW M. HANNA DS Received of BENJAMIN CHAMBERS $2 for my services in during the chain surveying the lands the property of ALEXANDER BENNETT [ALEXANDER BARNET] deceased & c. July 22nd 1831 WILLIAM WATSON Received July 22nd 1837 of the within bond from WILLIAM WATSON $20 in cash and his receipt for $2 served rendered in rendered in carrying chain & c. Benjamin Chambers, OYD Received August 13th 1832 of William Watson $181.68 in full of the within Bond principal and interest. STANHOPE SADLER for BENJAMIN CHAMBERS, OYD Page 19 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 South Carolina York District JOHN LOVE Jr. upon oath saith that he had in his possession some title papers belonging to JOHN LOVE his father that among papers was a deed from POLLY BENNETT that deponent lost said title papers out of his pocket and the same has never been heard of. JOHN LOVE sworn to and subscribed 29th August 1836 J. M. ROSS QU Page 20 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 The oath of AUGUSTUS BRIANT and DAVID JACKSON respecting the land the state of ALEXANDER BENNETT [ALEXANDER BARNET] deceased February 7th 1831 Heirs at law HANNAH BENNETT widow JAMES BENNETT out of the state ALEXANDER BENNETT [ALEXANDER BARNET] ] WILLIAM BENNETT ] bought by NANCY BENNETT ] SAMUEL NEELY JOHN BENNETT ] POLLY BENNETT ] JOHN LOVE Page 21 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 South Carolina York District Personally came before me AUGUSTUS BRIANT and DAVID JACKSON and on oath declared that they are acquainted with the land the property of the estate of ALEXANDER BENNETT [ALEXANDER BARNET] Sr. deceased and are of opinion that said land is worth about $2.25 per acre making the tract of our hundred 54 acres worth three hundred and $46.50. Sworn to and subscribed February 7th 1831 Page 22 of 23 ** PAGE BREAK ** Will Probate, SC, York, Alexander Bennett [Alexander Barnet], 1826 1831 ###### # # ##### ####### # # ##### ####### # # # # ## ## # # # ## # # # # # ## ## # # # # # # # # # # # # # # # # # # ###### # # # # #### ##### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## ### # # # # # # ###### # # ##### ####### # # ### ##### ####### # # Transcribed from original documents by Brent R. Brian & Martha M. Brian. This document and others can be found on our website: BMGEN We claim COPYLEFT on the documents that we publish that are our original work. COPYLEFT “rules” can be reviewed on the web site: GNU Free Documentation License In short, use what you like. But if you use our stuff, mention us as the source. Brent R. Brian Martha M. Brian BrianMitchellGenealogy@gmail.com Page 23 of 23 ** PAGE BREAK **