Wills & Estates

The last wills and testaments of Joseph Barnes (1824) and Sallie Whitehead Barnes (1833).

Joseph Barnes (1770-1824) and Sarah “Sallie” Whitehead Barnes (1770-1833) lived in far southwest Edgecombe County, an area that is now Wilson County.

Joseph Barnes made out his will in May 1824. Among his bequests, he gave his wife Sarah Barnes three enslaved people — Luke, Bob, and Rachel.

He also gave his daughter Nancy Barnes an enslaved girl named Forten and a boy named Frank; his daughter Penney Barnes, a girl named Hannah and a boy named Toby; his daughter Celia Barnes, a girl named Rose and a boy named Isaac; his daughter Treecey Barnes, a girl named Clark and a boy named Reddick; his daughter Temperance Barnes, a girl named Dinah and a boy named Jacob; and his daughter Martha Barnes, a daughter Milley and a boy David.

There was also this complicated provision:

As best I can decipher, Barnes was directing that Peter and Dick and some livestock be sold and the money divided among all but his youngest children. After that, it gets more confusing. The clear part: wife Sallie is to receive a life estate in “two negros Jack and Jude,” as well as three “hors craturs” (??), five cows and calves, a brandy still, cider casks, plantation tools, and furniture. All this property was to be sold at her death, and the proceeds divided among all his children except James and Dempsey.

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Sallie Whitehead Barnes executed her will in December 1833.

Among other items, Sallie Barnes left her daughter Theresa Barnes Farmer two enslaved men, Ben and Bob, and her daughter Martha Barnes Bullock, enslaved people Luke and Rachel. (Luke and Rachel, whom Sallie Barnes had inherited from her husband, remained together. Were they a couple?)

And then, this curious bequest to son-in-law Isaac Farmer:

“I leave Isaac in [lieu] of Jack that I sold which was lent to me my life time to dispose of as they would with Jack had he not been sold.” My best interpretation: Joseph Barnes had bequeathed Sallie Barnes a life estate in an enslaved man named Jack. However, Sallie had sold Jack and had to provide an equivalent substitute for him in the form of Isaac.

I cannot with certainty trace forward any of these enslaved men and women.

Will of Joseph Barnes (1822), Will of Sallie Barnes (1833), North Carolina, U.S. Wills and Probate Records, 1665-1998, http://www.ancestry.com.

The death of Ed Bynum.

Wilson Daily Times, 16 February 1945.

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In the 1900 census of Lower Town Creek township, Edgecombe County, N.C.: widower Henry Bynum, 54, and children Jonas, 24, Ellen, 22, Alison, 20, Eddie, 18, Patsy and Reddin, 16, and Mary, 13.

On 26 May 1912, Ed Bynum, 27, of Saratoga township, married Mahala King, 25, of Saratoga township, in Saratoga township, Wilson County.

In the 1920 census of Saratoga township, Wilson County: farmer Ed Bynum, 40; wife Mahada, 30; children Annie, 15, and Seth, 11; and nieces and nephews Willie, 17, Louisa, 15, Ellen, 9, Anna Jane, 10, and Caroline, 5.

Mahaley Bynum died 27 November 1923 in Saratoga township, Wilson County. Per her death certificate, she was 45 years old; was born in Wilson County to Shanny King and Nancy Barnes; was married to Eddie Bynum; and farmed for M.J. Felton.

In the 1930 census of Wilson township, Wilson County: auto shop manager Ed Bynum, 49, widower, and daughter Caroline, 15.

In the 1940 census of Wilson township, Wilson County: in a house owned and valued at $500, widower Ed Bynum, 59, grocery manager.

In 1940, Jessie Roy Edwards registered for the World War II draft in Wilson County. Per his registration card, he was born 15 May 1920 in Pitt County, N.C.; lived at Route 4, Wilson; worked as a laborer at Marine Barracks New River, N.C.; and his contact was first cousin Ed Bynum, Route 4, Wilson.

Anna Foster died 8 March 1941 in Sand Hills township, Moore County, N.C. Per her death certificate, she was born 3 February 1901 in Wilson County to Edd Bynum and Mahala Lou [no maiden name]; was married to Kelly Foster; and lived in Jackson Springs, N.C.

Edd Bynum died 14 February 1945 in Wilson township, Wilson County. Per his death certificate, he was born 12 October 1881 in Edgecombe County to Henry Bynum and Nannie Cobb; was the widow of Mahalia Bynum; worked as a laborer; and was buried in Rountree Cemetery [probably, Vick Cemetery.] Caroline Smith was informant.

Ed Bynum left a fascinating will. The version we have access to is the transcription typed into court records. The original was handwritten by a man with little formal education, but a debt-free estate built from a lifetime of hard work and firm plans for its distribution. Bynum owned a house, a grocery, and investment properties, as well as a significant amount of cash.

[June 26, 1934. This is Ed Bynum’s will. I want Willie Bynum to have Alex Williams‘ house [and automobile?]. Seth Bynum to have the store.]

[Caroline Bynum to have the big house. Anna Bynum to have the little lot.

Caroline Bynum, Anna Bynum, Doll Bynum, Louise Bynum, Ellen Bynum divide the money, about $1600.

Give [Crockett Best?] $50. Give Mary $25. Give Ida Speight $50 for attending to me when I was sick and I don’t own no one not a penny.

Divide the goods in the store.

Witness Caroline Bynum, Ida Speight

Let Anderson Bynum [Ed Bynum’s brother] do this dividing.

This is Ed Bynum writing my will to the children.

Give me a 200 dollar steel vat 100 [?]

Louise & Ellen & Doll have the six lots back in the field.

Give Crater King 25 dollars.]

The last will and testament of David Rowe.

We have discussed here, here and here the small Crossroads community of interrelated mixed-race families who moved back and forth across the color line in the late 19th and early 20th centuries. David Rowe, perhaps born Rose, was part of this community.

On 26 February 1848, David Row married Exey Sasser in Johnston County. Sasser was white, the daughter of Josiah and Sally Beard Sasser.

In the 1850 census of District 9, Johnston County, N.C.: farmer David Roe, 30; wife Axey, 25; Treasey Horne, 70; Sally Sasser, 50; and Ruffin Roe, 1. All were described as white.

In the 1860 census of Kirbys district, Wilson County: farmer David Rose, 36; wife Axey, 34; son Ruffin, 10; Theophilus, 13 [no relationship designated]; and Sallie Sasser, 67. Sallie Sasser and Theophilus Rose were white; the others mulatto.

In the 1870 census of Crossroads township, Wilson County: farmer David Rose, 50; wife Exile, 43; son Ruffin, 18; and Sallie Sasser, 75.

In the 1880 census of Crossroads township, Wilson County: farmer David Rowe, 55, and wife Exeline, 54; also William Woodard, 50; wife Eliza, 50; and children John, 27, Clarkie Ann, 19, Calvin, 17, Montiville, 16, Claudius, 12, and Louisa, 8. The Rowes were described as mulatto; the Woodards as white.

David Rowe made out his will on 23 January 1896. To his “beloved wife Axie Rowe,” he left life interests in one-third of all his land, including his residence and outhouses, and his personal property and money. To daughter-in-law Talitha Rowe, he left a life interest in “4 acres of land on east side of the lane, including the residence of Ruffin Haywood Rowe Sr.” To Sarah, daughter of Talitha Rowe: one-fifth of his personal estate. All remaining property was to be divided among his four grandsons, James William Rowe, David J. Rowe, John Hardy Rowe, and Ruffin Haywood Rowe Jr. Rowe named James Newsome both his executor and the guardian of his minor grandsons and signed his will with an X.

In the 1900 census of Crossroads township, Wilson County: widow Exie Rowe, 70; grandsons David J., 23, James W., 25, John H., 21, and Ruffin H., 19; [grand]daughter-in-law Prytha [Piety], 20; grandson Albert M., 8 months; [grand]daughter-in-law Alice, 18; and daughter-in-law Litha, 46, divorced [from Ruffin H. Rose Sr.]

The final account of David Rowe’s personal property, dated 1 June 1905, reveals that his widow purchased the entire lot, mostly on credit.

Will of David Rowe (1896), North Carolina, U.S. Wills and Probate Records, 1665-1998, http://www.ancestry.com.

The estate of John Howard (1863).

John Howard‘s slender estate file contains this list of enslaved people.

  • Julia, 37 yrs, very infirm
  • Martha, 13 yrs
  • Daniel, 17 yrs
  • Isabel, 19 yrs
  • Edward, born Jany 31 1863
  • Ann, 38 yrs
  • Emma, 6 yrs
  • Bill, 4 yrs
  • Hester, 12 yrs
  • Jane, 27 yrs
  • Emily, 3 yrs
  • Mary, 7 yrs
  • Willie, 19 yrs

The list may be arranged in family groups, i.e. Julia and her children Martha and Daniel; Isabel and her son Edward; Ann and her children Emma, Bill, and Hester; Jane and her children Emily and Mary; and Willie. Surprisingly, there were no adult men in the group.

John Howard may have been Confederate Major John Howard, who died in October 1862 of wounds inflicted at Sharpsburg, Maryland, during the Battle of Antietam. Though the people he had enslaved were freed just two years after this inventory was made, I have not been able to trace forward anyone in this list.

John Howard Estate File, Wilson County; North Carolina Wills and Probate Records, 1665-1998, http://www.ancestry.com.

The estate of Gaston High (1863).

When Stephen Privett inventoried Gaston High’s estate in 1863, he listed “3 negroes namly Jinsey aged 28 32 years Joseph aged 11 Adaline aged 6 years.”

I don’t know for certain that Jinsey was the mother of Joseph and Adaline, but it’s more likely than not and, even if not, she was surely their surrogate mother.

Nonetheless, on 4 September 1863, Privett sold Jinsey and hired out the two children for $1200.

I have not been able to trace Jinsey, Joseph, or Adaline forward.

Gaston High Estate File, Wilson County; North Carolina Wills and Probate Records, 1665-1998, http://www.ancestry.com.

Hardy Lassiter Jr. sells his inheritance.

A year after inheriting, Hardy Lassiter Jr. sold the 57-acre parcel he received in the division of his father Hardy Lassiter Sr.‘s estate.

Deed Book 1, page 25, Wilson County Register of Deeds Office, Wilson.

This indenture made the 19th day of May AD 1855 between Hardy Lassiter of the first part & William L. Farmer of the second part — all of the county Wilson State of North Carolina witnesses that for and in consideration of the sum of one hundred and twenty five Dollars, the receipt whereof is hereby acknowledged the said Hardy Lassiter has given, granted bargained sold & conveyed & by these presents does give, grant, bargain, Sell & convey unto the Said Wm. L. Farmer his heirs & assigns a certain tract or parcel of land lying in the county of Wilson, adjoining the lands of Nathan Rountree, Washington Ruffin & others, containing fifty seven & a half acres more or less, the land being that drawn by the Said Hardy Lassiter in the division of his Fathers estate to have & to hold the said land unto the said William L. Farmer his heirs & assigns. And the said Hardy Lassiter does hereby covenant & agree himself, his heirs, executors & administrators to forever warrant & defend the title hereby conveyed to the Said William L. Farmer his heirs & assigns forever

In testimony whereof we hereunto set our own hands & seas this the day & date above written    Hardy (X) Lassiter    Witness B.E. Farmer

The estate of Sampson Hinnant.

Sampson Hinnant was near 60 when sold to his last enslaver in 1861. A year after freedom, he and Mary Boykin formalized their marriage. They apparently did not have children, and Hinnant died in 1878, leaving a small estate. His was one of a relative handful of estates of formerly enslaved people that entered probate in Wilson County in the decades after freedom.

Hinnant’s estate file contains only the record of the widow’s allotment paid to Mary Hinnant for one year’s support. In addition to the harvested crops on hand — potatoes, peas, wheat, “greens” — she received all their furniture, working tools, fodder, four head of cattle, five hogs, and eight barrels (of what?).

The census taker apparently missed the Hinnant household when making his rounds in 1870. Their cohabitation registration and this estate file are the only known documentation of their lives in freedom.

Estate File of Sampson Hinnant, Wilson County; North Carolina Wills and Probate Records, 1665-1998, http://www.ancestry.com.