Document
1 of 2 [not shown]:Each record is separated by a gray bar. Its source is listed beneath its heading. Italicized notes in brackets are my notes for clarity. Slashes (/) indicate the end of sentences.
From
the Daniel McPhaul estate settlement dated 1841, I have found two interesting
pieces of information. One is the deposition of Catherine McPhaul McArthur
with her account of her father Neill McPhaul's death during the Revolution,
and the second is another deposition by John McAlester of Richmond County
concerning McPhaul land around Centre Presbyterian Church which further
proves that John Campbell and Flora Patterson McPhaul where half siblings:
Document
1:
State of North Carolina
Robeson County. We Hector Currie and Patrick McEachin two of the Justices of
said County at this day proceeded to take the Deposition of Catharine
McArthur at the instance of Archibald Smith Agent at Law for the heirs of Daniel McPhaul
dec'd, to be read in evidence in a case now pending in the Superior Court
in the County of Robeson wherein Archibald Smith Agent at Law for the heirs
of Daniel McPhaul dec'd is Plaintiff and John Gilchrist Defendant it appearing
that due notice has been given to the opposite party – The parties being
present – the said Catharine McArthur being sworn in due form of law deposeth
& saith
By Plaintiff
Question 1st. How long since your father died
Ans. I don't recollect but that he died in Charlestown & my Brother John was with him when he died
Ques 2nd. Was it before or after the Revolutionary War he died
Ans. It was after peace was proclaimed
Ques 3rd. How long was he dead before you were married
Ans. Three years
Ques 4th. How long were you married before your first child was born
Ans. One year & a half
Ques. What year was your oldest child born
Ans. (blank line drawn in record)
Ques 6th Was Daniel McPhaul, your Brother, Neill McPhauls oldest son
Ans. He was the oldest son my father had
Crofs Interrogations
Question 1st. Mrs McArthur do you know what occationed your father's death
Ans. He died with the bowel complaint and lost the use of one side his head was nearly split open with a sword by Rutherfords men near the Brick House near Wilmington then he was carried to Wilmington put under charge of a Doctor having understood they were going to take Wilmington he sailed round to Charlestown
Ques 2nd. Mrs McArthur was he an officer in the war
Ans. He was Capt of the Tories
Certifited under our hands & seals this 7 day July 1845.
P. McEachin J.P.
H. Currie J.P.
Catharine McArthur her X mark
Document 2:
Pursuant to a commisfsion to us John C. McLaurin and Daniel D. Morrison two of the Justices of the peace in and for the County of Richmond from the Superior Court of Robeson County empowering us to take the deposition of John McAlester Senr, to be read in a certain matter of controversy pending in the Superior Court of Robeson County between the Heirs of Daniel McPhaul Lefsors of the Plaintiff and John Gilchrist defendant we have caused the said McAlester to appear before us at his own dwelling place in Richmond County on the 1st day of October in the present year [1846]. Who being duly sworn as a witnefs in the said cse deposeth as follows Viz –
Question 1st. Were you called upon by James McQueen and James Stewart many years ago to survery the one thousand acres of land in Robeson County known as the White-Oak and who were the owners thereof
Ans. Yes I was called on by McQueen and Stewart to survey said tract but do not recollect whether they had bought or were about to purchase
Ques 2nd. Did you have the grant or a copy of the grant and did you run according to the its courses and distances
Ans. Yes I did
Ques 3rd. By reference to said Grant of said tract I perceive that one of the lines runs from the beginning corner of John Campbells 70 acre survey North 52 East with his line 23 chains and 50 links to a stake in McPhauls line and did you run out and measure that line and if you did where did you strike the McPhaul line
Ans. Yes I run out and measured said line but can not particularly describe where I struck McPhauls line, McPhaul was present and showed his line I think 25 links short of the distance of the Grant by our measurement
Ques 4th. What McPhaul was present and showed you his line
Ans. Daniel McPhaul who married John Campbells half sister [referring to Flora (née Patterson) McPhaul, daughter of John Patterson and Catherine McPherson Patterson of Cumberland County. Catherine McPherson Patterson's second husband was Archibald Campbell of Cumberland County who removed to Campbell's Bridge area in Bladen (now Robeson) County sometime before 1785, the year the Campbell family licensed the bridge in their name. Catherine and Archibald Campbell had two children known: John Campbell and Catherine Campbell who married a Wilkinson.]
Ques 5th. After reaching McPhauls line which was did you run next
Ans. with his line North 3 East forty chains to his corner
Ques 6th. Was there any dispute among these parties at that time about the mode you ran these lines
Ans. Not a word all friendly and appeared reconciled
Ques 7th. do you believe that you would be able to go to Lumberton to attend Superior Court next week
Ans. From the state of my health I know I can not
Cross Examined by plaintiff
Ques 1st. Are you certain that McPhaul shewed you his line
Ans. Yes he was present and was the only guide I could have any faith in
Ques 2nd. Did he McPhaul have his Grant along with him
Ans. I do not recollect
Ques 3rd. Was John Campbell present
Ans. I believe he was present
Ques 4th. Was John Campbell and Daniel McPhaul with you at the Beginning and who showed you the Beginning Corner
Ans. I believe John Campbell did but I am not positive whether McPhaul was at the Beginning or not but I am positive McPhaul was present when I reached his line
Ques 5th. Did you strike the White Swamp in Running the line North 3 East 40 chains to his corner
Ans. I do not believe I did yet I might and the reason that I do not think I did is that I made no representation of it on a plot I have now in my pofsefsion
Ques 6th. Could you not go to Robeson in an easy carriage
Ans. My situation is such that I could not undertake it for any thing else
but to save my life –
From the Laughlin McNeill estate settlement; date of administrator's bond is 14 July 1801. Laughlin McNeill was born after 1739; he was stated to be a minor in a Cumberland County deed (James McNeill to Lachlan McNeill ) dated 1755 and thus was under the age of 16 that year. He died probably 1801, and was probably the oldest son of Turquill McNeill of the Argyll Colony. Flora McNeill (Laughlin's widow), Daniel McNeill, and Archibald Graham are named executors in the bond which I did not transcribe. Laughlin's children, Mary, Hector, Elizabeth and Daniel appear to be minors in the 1805 document below, under the age of 21 (The legal age changed from 16 to 21 in 1784). The various spellings 'Lauchlin' and 'Laughlin', 'Donald' and 'Daniel' and various other words in this estate document below are frequent (and generally interchangeable) as there was little standard spelling up to this time.
It should
be noted here that Edwin Purcell, in his book Lumber River Scots, shows
the following children as being the issue of John McNeill, grandson of "Laird
Archie" McNeill. The following transcribed document proves otherwise. This
document is dated 3 May 1805, nearly four years after the administrator's bond,
and names Laughlin's wife and children:
State of North Carolina Robeson County. We John MacAlister Alexander Graham,
Daniel Smith Duncan Smith and Daniel Patterson, being Summoned and duly qualified
as Commifsioners, to lay off and distribute agreeable to law, the Landed property
of the late Lauchlin McNeill, among his heirs and legal Representatives,
and having duly examined the premises, have unamimously agreed on the following
report, (Viz) We find that the deceased in his life time, had given to his
son James MacNeill, a tract of Land containing one hundred acres, to
the value of two hundred dollars, being about one hundred and twenty three dollars,
more than his distributive share of the Landed property would amount to, in
said County.
We likewise find that he gave to his Son Turquill [The fact that Laughlin gave land to his sons indicates the existence of deeds of gift in Robeson County records. Deeds show that Turquill and his family moved to Marion District, South Carolina, and, per their legal agreement that Turquill care for her for the remainder her life, Turquill's mother Flora moved with them.] 150 acres, worth about 250 dollars, being about 173 dollars more than his distributive share as aforesaid would amount to.
We also find that his Son Duncan received from the deceased aforesaid fifty five acres equal to 110 dollars in value, being about thirty three dollars, more than his distributive share of his fathers lands in the county aforesaid would amount to.
We then proceeded to distribute the intestates lands lying in the said county of Cumberland, of which he died seized and pofsefsed of, containing two hundred and three acres, (including the Lands of which Mrs MacNeill, relict of the deceased, had a right of Dowery [At this time a widow of an intestate is allowed by law to one-third of her deceased husband's property, the one-third being called a dowry.], but which she this day in our presence and under her hand & seal did relinquish and give up into her childrens hands hereinafter named) Among ___ four heirs (viz) Mary, Hector, Elizabeth and Donald [Daniel] as follows;
We alotted unto Mary Graham consort of Arch'd Graham fifty acres, including the mill on Buffalow [Buffalo Creek in today's Hoke County], as by Patent No.97 – granted to Arch'd Beaton. He Archibald Graham, paying to Elizabeth aforesaid, or her proper guardian according to Law the Sum forty three dollars and thirty eight cents –
We have alotted unto Hector MacNeill Son of the Deceased aforesaid, twenty nine acres lying on the west side of Buffalow, being the remaining part of forty five acres purchased from John Dickson [land speculator from Cumberland County, NC] that was not lost by intersection with older line, likewise forty three acres lying on both sides of Dyers Branch joining Daniel Pattersons lines. Also four dollars and sixty two cents to be paid unto him or guardian by Daniel [the 'Donald' above] his Brother aforesaid or guardian.
We have alotted to Elizabeth, Daughter of the intestate aforesaid, forty four acres lying on both sides of the Buffalow, including the most part of the Mill pond, as also the said sum of 43 dollars and 38 cents to be paid unto her by the said Archibald Graham, as likewise eleven dollars and 26 cents to be paid to her by Daniel, hereafter named.
We have allotted to Daniel, younger son of the deceased, thirty seven acres including the dwelling house and out houses, as also the greater part of the improvements, on the west side of the Mill pond. He by himself or guardian paying to his Brother Hector the sum of four dollars and sixty three cents, and to his sister Elizabeth the sum of eleven dollars and twenty six cents according to Law to them or proper guardians.
Given under our hands the twenty third day of May, one thousand eight hundred and five.
JMacalister
Alexr Graham
Danl Smith
Duncan Smith
Daniel Paterfon [probably
"Buffalo Daniel" Patterson]
I Flory MacNeill relict of the late Lauchlin deceased do relinquish and surrender unto my four children Mary Hector Elizabeth and Daniel all my right of Dowry to my Deceased Husbands Lands, and also cheerfully, acqueised in the allottments this day made by the foregoing Commifsioners
Witnefseth my hand and seal the 23rd day of May 1805.
Flory \. MacNeill
her mark
Witness Present
A Gilchrist [probably
Angus Gilchrist]
Daniel
Johnson estate settlement, dated 1855. While this Daniel Johnson died just before
1800, his property was not settled amongst his children and grandchildren until
the mid 1850s. This is NOT the same Johnson family from whom W.D. Johnson, P.P.D.
Johnson and Rev. Angus Johnson descend. The following record is from the North
Carolina State Archives, Raleigh, NC:
State of North Carolina
Robeson County }
In Equity
To Spring Term 1855
The petition of Henry L. [Lucien] Johnson, Washington S. [Scott] Johnson, Harriet [Jane] Johnson, Gilbert G. [Gilchrist] McPherson and wife Sophia [Sophia Flora Johnson]
against
Joshua James and wife Mary, Mary McEachin, Malcom McIntyre and wife Susan,
Anna S. Johnson, Frances Johnson, and John M. Johnson, shew to your honor that
Daniel
Johnson late of the County of Robeson died many years ago intestate, seized
and possessed of a tract of land lying in said county on both sides of the Lumberton
Road adjoining the lands of Daniel Smith, Alexander H. Currie, Catherine Brown
and Jane Currie, containing about 130 acres [The
lands in question border the original lands of Old John McPherson on the Raft
Swamp just west of today's McLeod's Crossing.];
leaving surviving him his children _
Archibald
who is since deceased leaving surviving him Mary his widow, who has since married
Joshua James_
Neill
B. Johnson since deceased leaving surviving him your
Petitioners Henry L. Johnson, Washington Scott Johnson, Harriet Johnson and
Sophia who has since married Gilbert McPherson_
Mary Johnson
who married Edward McEachin since deceased, leaving surviving him his said widow
Mary_ [Edward
and Mary had six children but none are not mentioned in this document. It is
likely they decided to let their mother have all their interest in this proceeding.]
John B.
Johnson since deceased leaving surviving him Susan who married
Malcom McIntyre – Anna Sophia and Frances his children_
Alexander
Johnson since deceased who left surviving him his son John
M. [Johnson]
That Neill B. Johnson in his lifetime purchased of Edward McEachin and his wife Mary and of John B. Johnson and of Alexander Johnson their entire interests in said estate by deed duly executed by the said parties repectfully which said deeds your Petitioners have ready to produce as this Humble Court may direct.
And your Petitioners show that as children and heirs at law of said Neill B. Johnson and by purchases made of said Neill B. Johnson of siad Edward McEachin and wife and of said John B. and Alexander they are entitled as tenants in common in four shares. That your Petitioners and all said Defendants are Tenants in common in the share (one fifith) of said Archibald deceased subject to the Dower Estate of said Mary wife of said James Your Petitioners further show that one Neill Brown, late of said county by his last will and testament bequeathed to Isabella the wife of said Daniel Johnson during her lifetime a negro slave named Chaney remander over to the heirs of said Daniel Johnson. That your Petitioners and said Defendants are children and grandchildren of said Daniel as before stated and entitled to the said slave as next of kin under the statute of distribution and remander under said will and tenants in common of said slave.
That Joshua James and wife are citizens of the State of Mississippi_ That Anna S. Johnson is a citizen of Alabama_ That John M. Johnson is a citizen of Florida and said Frances is a ___ resident of this state
Your Petitioners further show that they desire to have partition of said land and slave, but owing to the number of parties in interest, the size of said Tract and there being but one slave that it is improbable that actual partition can be made and further it is to the advantage of all parties that the same shall be seen
The Petitioners pray your Honor to order a sale of the said land and slave upon such terms as your Honor may deem right and proper and the proceeds may be divided according to the respective interest of the parties_ That subpoenas and a copy of this petition issue to Mary McEachin, Malcom McIntyre and wife Susan and that publication according to law be made for John M. Johnson, Anna Sophia Johnson, Joshua James and wife Mary and that your Petitioners may have such other and further relief in the premises as to your Honor may deem correct and your Petitioners will ever pray etc
NA McLean
Solr for Petitioners
A true Copy RS French G&M Esq
Undated
letter of deposition taken of John W. Davis, from the 1845 estate papers of
Archibald Gilchrist (born c.1777, and died August 1839, son of John Gilchrist,
Sr., and Effie McMillan of Mill Prong in Robeson
County, NC); North Carolina State Archives, Raleigh, NC:
[The following letter concerns the orphans, Sarah
Ann McPherson and Daniel McPherson, their boarding with their guardian Archibald
Gilchrist. The letter is very difficult to read.]
Emen Parker and wife et.al
vs John Gil [John Gilchrist] adm.
etc
John W. Davis swears -
That he was at Archibald Gilchrist's house at the time Emen Parker married Sarah Ann [McPherson; she married Emen Parker in 1839 at Archibald Gilchrist's home on Drowning Creek in Robeson County.]. That in a conversation had with the said Archd the morning after the wedding, he stated to deponent that he was glad the young Lady was married. That she had been a prudent good girl. That she had lived with him for a number of years; but that he did not intend to charge her for board, as he considered her labour for him equivalent to her board; and that he had heard said Gilchrist say nearly 12 months before the above time, that he did not intend to charge Sarah Ann McPherson any thing for Board, and that her services was with her board.
He [John W. Davis] also says he was present when said Archd sold a Horse to Daniel McPherson [Sarah Ann's brother and only sibling], one of the Petitioners, for seventy five Dollars, which horse he considered not worth more than forty dollars; and which horse the said Gilchrist had offered to him in part payment for work he had done for him at fifty dollars. He further admitted that at that time there was some money due to Daniel, after getting the horse for him but not as much as he owed Sarah Ann.
John W. Davis [signature]
[on back side] Davis further deposes, that the said Daniel went to the western Country about the year 1835 or '36, and that he was absent until after the death of Archd Gilchrist. [This Daniel McPherson who went west in 1835 or '36 returned to Robeson County, NC, in 1841 for further litigation in the division on his grandfather's, father's and uncles' estates. After that date, he disappears. He had a first-cousin named Daniel McPherson who married Mary Ann Munroe in Robeson County about 1842 after which they moved to Alabama. The two Daniels are NOT the same man and should not be confused with one another.]
John W. Davis [signature]
Gilbert
Gilchrist's response to the petition of Catherine McPherson Brown against him
in the settlement of her grandfather's, father's and brother's estates. The
following document proves the familial relationship of the McPhersons of Cumberland
County and the McPhersons of upper Robeson County. Additionally, it further
establishes that Old John McPherson of the Argyll Colony removed from Cumberland
County to upper Bladen County. Dated December 1836; from the estate papers of
Daniel McPherson, Robeson County, NC; North Carolina State Archives, Raleigh,
NC:
The Answer of Gilbert Gilchrist to the Petition of Catharine Brown & Alexr McPherson praying partition in a portion of the lands of which John McPherson [Old John McPherson of the Argyll Colony, who died on his plantation on the Juniper Branch of the Raft Swamp in Robeson County in 1791], Daniel McPherson [died at the same place on Old John's plantation in 1803] and Colin McPherson [also died on Old John's plantation, in 1823] the Father, Son & Grandson died seized and pofsefsed.
This defendant saving and reserving
to himself now & at all times hereafter all & all manner of benefit
& advantage of Exception to the insufficiencies uncertainties & other
imperfections & defects of the said petition for answer Thereunto or unto
so much thereof as this defendant is advised is any way material or necefsary
for him to make This defendant answereth & saith He admits that his wife
Nancy [Isn't Nancy dec'd at this time as well?
Supposedly she died around 1827 or '28, though letters
from Buie relatives in Alabama suggest an "Aunt Nancy" was alive in
1833. Early 19th century county records refer to Nancy McPherson's nickname
as "Nannie". Perhaps "Aunt Nancy" was reference to a slave.]
Mrs Flora Buie the widow of Daniel Buie decd Mary Gilchrist the wife of Archd
Gilchrist Hugh McPherson decd Colin McPherson decd and the two Petitioners are
the children and Heirs of Daniel McPherson decd who was the son of a John McPherson
decd but whether the said Nancy Flora etc are the Children and Grandchildren
of the Daniel and John McPherson named on the petition remains to be proven
in as much as the said descendants have not attained that more than Antedeluvian
longevity ascribed to them in the petition /
This defendant also admits that the said Flora Nancy Mary Hugh & the two
petitioners are the brothers & sisters of Colin McPherson decd who died
intestate & without children but denies the time of his death to be correctly
stated in the petition / He also
admits that Daniel McPherson & Sarah McPherson [married
Emen Parker at the home of Archibald Gilchrist in 1839] are
the children of Hugh McPherson decd /
This defendant also admits that Alexander McPherson [of
Cumberland County, died 1801] was the brother of Daniel McPherson
the father of Petitioners and that they were the Sons of John McPherson but
denies positively that the said Alexr or thro him his son Colin [of
Cumberland County, married Nancy Campbell] or daughter Mary
Buie [wife of John Buie of Cumberland County]
mentioned in petition ever inherited a foot of land from Daniel the brother
and uncle for the petitioners Themselves claim to be children of Daniel &
capable of inheriting his lands. Neither could the said Alexr nor Thro him his
son Colin & daughter Mary Buie have inherited any of the lands of their
father & Grandfather John McPherson as this defendant is advised because
the said John McPherson some short time preceeding his death duly made &
published his last will & Testament
in writing & in form to pafs lands which was duly admited to probate in
the County Court of Robeson / In
that will the Testator devises all his lands, and the only & mighty boon
given to Alexr and for which the Petitioners make such a scramble is one Crown
Sterling / It is believed it can be established by the declarations of Colin
himself that he never claimed any of his Grandfathers or uncles lands /
the same may be said of Mary Buie. If therefore the said Colin & Mary Executed
any conveyance for lands in Robeson (which has not accompanied the petition
tho promised) it must have been to arrest the vexatious
Importunity of a Restlefs and Teasing woman [referring
to Catharine McPherson Brown] /
The claim which is pretended exists in the Children of John [Reference
to children of John McPherson, Jr. and Sallie Black of Cumberland County. John,
Jr. was son of AlexanderMcPherson and the oldest brother of Colin and Mary Buie.]
has the same baselefs fabrick with the claim thro Colin & is forced upon
their Guardian [Martin McPherson of Fayetteville,
NC] in spite of his Blushes by a Special Command to the Sheriff
of Cumberland / The Clauses in
the will of Old John McPherson by which he devises his lands are as follows
"3rdly I likewise give and
bequeath to my Grandson Neill McPherson one hundred and sixty acres of land
on the Juniper & one hundred acres of land lying at the upper end of the
Bear pond Joining McBrydes land it being a part of a survey of 200 acres to
be his & his heirs forever – 4thly I likewise give & bequeath
to my Grand Son Archd McPherson one hundred acres to wit, the plantation I now
live upon together with One hundred Acres below me in two surveys & likewise
One hundred above me being the Other half of the above 200 Acres likewise fifty
Acres lying between the bear pond and the Raft Swamp to be his and his heirs
forever" / The said Neill & Archd are
the sons of Daniel McPherson as mentioned in another part of said will /
The said Devisees died intestate & without children and without having disposed
of any part of said lands in their lifetime. Daniel the Father of Petitioners
Continued to live on some part or other of the above devised premises untill
his death in 1802-3 [December 1803, as is determined
in these documents; a division of his estate occurred in March of 1804.]
with the exception of some short interval as this defendant is informed &
believes / He died seized of Certain
Other land in the vicinity of the above as this defendant is informed and believes
/ And the land which his seven
children above mentioned claimed to Inherit at his death thro him & the
two Devisees (their brothers) already named was between seven & eight hundred
acres / In the fourth day of July
1798 Robert Hailles Conveyed to Hugh McPherson & Colin McPherson 1120 Acres
of land in fee lying between and around the above devised premises & perhaps
between some other tracts [It is interesting to
note here that Hugh and Colin were only five and three years old respectively
in 1798, so the 1120 acres must have been purchased by their father Daniel for
them and in their names.]. After the death of Hugh the said
tenancy in common was divided into moieties between said Colin and Daniel McPherson
& sister Sarah heirs of Hugh already mentioned /
And in July 1815 Angus Gilchrist conveyed to said Colin 150 acres in fee lying
all in the Raft Swamp by a deed dated the 21st day of August 1822 Colin McPherson
conveyed to his defendant in fee all that piece and parcel of land that is within
the enclosure of McPhersons Old plantation which is estimated to be about 95
acres / This piece was considered
as a part of his moiety of the 1120 Acres Conveyed by Robert Hails already mentioned
with the exception of the above 95 acres /
the said Colin died intestate & without children seized of the balance of
his moiety of the 1120 Acres, seized of the 150 Acres purchased of A Gilchrist
and the whole of his inheritance of the Seven or Eight hundred Acres above mentioned
which descended from his Father and the two Devisees his brothers /
In the year 1823 April the 8th this Defendant purchased of Archd Gilchrist and
Mary his wife and of Daniel Buie and Flora his wife their claim to 450 acres
belonging to the old plantation Also their claim of 100 acres called Goodson
land likewise their inheritance in the real estate of Colin McPherson decd their
brother / At the time of this purchase
it was understood and believed by the contracting parties that the four daughters
of Daniel McPherson decd were the sole Coparceners or Tenants in Common of the
450 Acres above mentioned and of the 100 Acres called the Goodson land, and
this defendant believed he was purchasing one half thereof, that is one half
of 550 Acres. This Opinion was said to be given by some Gentleman of the bar
(perhaps Genl Davis) / On this
Ground that as the daughters of Daniel McPherson were the only children of his
living at the death of the survivor of their two deceased brothers Neill and
Archd the devisees named above they were the sole heirefses and the contract
was made with this view / How far
their deeds of Conveyance which will be Exhibited to this court will be the
better judges / this defendant
in virtue thereof claims one half as already mentioned /
he also claims by virtue of the said purchase the shares which descended to
them by the death of their Brother Colin of his inheritance in the seven or
eight Hundred Acres aboved stated also their inheritance in the moiety of the
1120 Acres purchased of Hails after taking therefrom the ninety five Acres this
defendant purchased as stated above & their shares in the 150 Acres bought
of A Gilchrist / This defendant further states
that he took pofsefsion of the premises in 1820 and kept pofsefsion uninterruptedly
untill March 1835 when he removed to the State of Alabama leaving Alexander
Currie (son of Randal Currie
and Nelly Johnston) in pofsefsion as his Tenant, who is
still living there /
All this while he cultivated the Old Clearing & soon after purchasing the
claims of Flora & Mary & their respective husbands he Extended the improvements
by Clearing woodland / In the years
1825 and 1827 he cleared two pieces together making about forty acres adjoining
the old plantation & cultivated them every year afterwards and in the winters
of 1831 and 1832 cleared two other pieces together making about forty acres
more and put them in cultivation / This defendant further claims in right of
his wife Nancy the several shares of the real estate which descended to her
by the death of her two Brothers Neill and Archd the devisees above named and
by the death of her Father Daniel McPherson /
Also her inheritance in the lands which decended to her by the death of Colin
her brother. Without that there is any other matter or thing material or necefsary
for this defendant to make answer unto & not herein well & sufficently
answered unto confefsed or avoided traversed or denied is true all of which
matters and things this defendant is ready to verify & prove as this worshipful
Court shall direct & humbly prays to be hence defmifsed with his Reasonable
Costs and Charges in this behalf most wrongfully sustained
NC
Robeson County
Personally appeard before me Peter McEachin one of the Justices in said County
Gilbert Gilchrist who being duly sworn saith that the matters of fact stated
in the foregoing answer as of his own knowledge & true & the rest he
believes to be true. He also states that he
is informed & believes that Old John McPherson the testator above named
had three daughters who were married and had children some of whom are at this
time living & who he believes have never made any claim to any part of the
real estate of said Testator [No
proof exists for Gilchrist's claim that Old John McPherson had three daughters;
only two are known through extant records. However, one of these two daughters,
Katherine, was married twice: first to a Paterson around 1755, then to a Campbell
around 1769 or 70. –SE] and that Catharine Brown the petitioner
is subscribing witnefs to the purchase within mentioned made with Flora Buie
and Mary Gilchrist and their respective husbands sworn to & subscribed before
me this the 12th day of December 1836.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxGilbert
Gilchrist
P. McEachin J.P.
Documents
from the 1836 estate papers of Colin McPherson (1763-1835, son of Alexander
McPherson), Cumberland County, NC; North Carolina State Archives, Raleigh, NC:
North Carolina
Cumberland County
Court of Equity
Special Term 1857
To the Honorable the Judge of Said Court –
The petition of John McPherson Gilchrist [married
Mary Ella McDonald], Mary Gilchrist [married
John McDougald II] and Daniel A. Gilchrist [never
married] infants of tender years by their father and next
friend S Sidney Gilchrist [son
of Archibald Gilchrist and Mary McPherson of Robeson County, NC]
respectfully sheweth unto your Honor that Colin McPherson late of said county
died intestate many years ago seized in fee simple of a tract of land in said
County, leaving him surviving a widow, one sister, and four children of a deceased
brother his only heirs at law – That the dower of the widow was assigned
to her and the rest of the land was divided among his heirs at law, that S Sidney
Gilchrist named one of the four children of the deceased brother, Catherine
by name and had issue three children your present petitioners – That their
mother the said Catherine Gilchrist died in the lifetime of the widow of Colin
McPherson – That some time since the said widow died leaving the dower
land to be divided among the heirs of her husband Colin McPherson, that your
petitioners received one fourth of one half the said land in right of their
mother the said Catherine being Lot no. four in the division between the four
children of John McPherson the deceased brother– That said Lot consists
of one hundred and twenty acres lying in Cumberland Co on the waters of Buckhead
adjoining the lands of Owens, Mary McPherson [this
Mary McPherson is believed to have been the widow of John McPherson who lived
on 280 acres on Blounts Creek and died in the mid-1820s. This John McPherson
may have been John, the son of Malcolm McPherson, Sr. and Christian Downie McPherson]
and Colin McPherson [This Colin is Catherine Gilchrist's
youngest brother who went to Kaufman County, Texas, to live with Catherine's
McDougald grandchildren and who died there in 1894]. That no part
of it is under cultivation, and is valuable only for the timber and turpentine.
That many persons are trespassing upon the land and it having become known that
your petitioners would endeavor to have said land sold. The trespassing upon
the land has greatly increased and it is likely to become greatly impaired in
value – Your petitioners further show that they are now inhabitants of
the State of Florida, and their being greatly removed in distance from the land
are unable to hold it without great disadvantage. They therefore pray your Honor
to order a sale of the land on such terms as your Honor shall deem just and
reasonable and that the proceeds of the sale may be placed in the hands of their
guardian or disposed of as your Honor shall deem best for their interest. And
your petitioners in duty bound will ever pray – BR Huske Solicitor for
Petitioners
Letter from
the Colin McPherson estate, 1836, Cumberland County, NC.
E.L. Winslow, Esq.
February 25, 1854
Dear Sir;
Your note of the 13th last has been recd in which you request me if I can to
put you on the tract to find the land which formally belonged to Malcom Buie.
I see from your note that you have been tracking about, but you have never got
fairly on the right tract. You were sometimes on the Malcom Buie land and sometimes
on the Duncan Buie land. I will give you the best information I can from memory.
John Buie Father of Malcom owned a tract of land on Wt Side
of Cape Fear imediately opposite the Bluff Church, after his death it was divided
among his heirs, Malcom drawing a part, after the death of Colin McPherson Malcom
administered on his estate. John McNeill and myself went on his administration
Bond. He managed the Estate badly, the heirs complained that he was wasting
the property, we the Securities had him brought to a Settlement, the Clerk of
the County Court took the account when it was found that he was in arrears to
a considerable amt. he was removed as administrator and I was appointed in his
place. I obtained a judgement against him for the deficiency. Shff Johnson levied
on and sold all his property Real and personal. It was believed that John McNeill
and myself would suffer some loss but we determined to run the property and
make it pay the debt or bid it in, consequently a considerable amt of the property
fell on our hands, the land was bid off by John McNeill, he willed it to his
son John. his lands lying in Cumberland was dived [divvied or divided]
among his heirs last fall, If you will look on a plot made by F. Mason and attacht
to the report of the commissioners you will find one lot composed of the Buie
land and McLeran land and assigned to John Hodges and wife, there I believe
you will have it. You say in your note that it seems that John McNeill and myself
were appointed Trustees for Malcom Buie and made sale of the land. No such assignment
was ever made. If you will examine you will find that John McNeill got a Sheriffs
deed for the land, the land you were trying to feret out and left in the hands
of Rev E. McNair belonged to Duncan Buie and was sold by execution I believe
in favor J & T. Wadell and fell into the hands of Angus Ray and I think
is still claimed by his heirs.
Yours respectfully,
Jas. McKethan
Document
from the 1845 estate papers of Archibald Gilchrist, Robeson County, NC; North
Carolina State Archives, Raleigh, NC:
North Carolina
Robeson County
Superior Court of Law
Fall Term 1845
To the Honorable the Judge of Superior Court –
The petition of John Gilchrist, Daniel Gilchrist, Angus Gilchrist, Sir
Sidney Gilchrist [Purcell states in Lumber
River Scots that Sidney and his wife Catherine were probably related--they were.
Sidney married his third-cousin, Catherine McPherson (1819 - c.1851), daughter
of John McPherson and Sarah "Sallie" Black McPherson. John McPherson
was the son of Alexander McPherson who was son of John McPherson of the Argyll
Colony. Sallie Black was the daughter of Archibald and Margaret (nee Black)
Black. Sidney Gilcrhist's mother, Mary McPherson Gilchrist was the daughter
of Daniel McPherson and Marian McNeill McPherson. Daniel McPherson was the son
of John McPherson of the Argyll Colony.], John McKay
and wife Flora, Archd & wife Margaret respectfully represent that the four
former & the wives of the three latter are the children & Heirs at law
of Archd Gilchrist decd
Your Petitioner would show unto your honor that in the year 183– the said Archd Gilchrist died Intestate leaving besides the above named children & Heirs at law two other Heirs viz John Archd McKay a grandson by his daughter Catharine who has since died & John Archibald Rice Henderson another grandson by his daughter Sarah who is also dead both of whom are minors the latter resides in the State of Mifsifsippi & the former in the county of Robeson – Your Petitioners further show that the said Archd Gilchrist died seized & pofsefsed of sundry tracts of land, in the counties of Robeson and Richmond situate on Lumber River and near the Ten Mile Swamp estimated at two thousand one hundred and thirty acres out of which the Widow's dower [Archibald Gilchrist married Mary McPherson in 1802, daughter of Daniel McPherson and Marian McNeill. Daniel McPherson was the son of John McPherson of the Argyll Colony and Marian McNeill is believed to have been the daughter of "Shoemaker John" McNeill of Bladen County, NC.] hath been assigned by known boundaries & now about fourteen hundred and twenty acres remain to be divided between the children and Heirs at law of the said Intestate to whom the said lands descended as tenants in common. Your Petitioners pray that your honor will duly consider the premises & appoint five Commifsioners unconnected with your Petitioner to divide and appropriate the said lands among your Petitioners in severalty, Share & Share alike in equal and equitable dividends Your Petitioners do further pray that a guardian be appointed to the said minors; that a copy of this petition & supeona be served on John Archd McKay & that publication be made for said John Archd Rice Henderson to appear at the next term of this Court to plead etc And your Petitioners do further pray that your honor will from time to time make such other & further orders & decrees & grant such other & further re___ in the premises, as to justice & equity may pertain
Your Petitioners will ever pary
John Gilchrist
Atty for Petitioners
Document from the 1905 estate papers of Mary Eliza McPherson Brown (1828-1904),
Robeson County, NC; Robeson County Courthouse, Lumberton, NC:
G.G. McPherson Admr of estate of Mrs. Mary Eliza Brown decd [nee McPherson, daughter of Alexander and Nancy Dallas McPherson] –
vs.
I. Sarah McPherson, Martha Jane McPherson, Tillitha McPherson and other
heirs of Daniel McPherson [son
of Alexander and Nancy Dallas McPherson] unknown to Plaintiff
and supposed to reside in the State of Mississippi [they
were wrong about the state – it should read Alabama. Also 'Tillitha' should
be 'Lalitha.' It is clear that the information provided in this document is
inaccurate and probably stated through memory.].
II. Duncan McPherson, Martha McPherson, and other heirs of Hugh McPherson
[son of
Alexander and Nancy Dallas McPherson], unknown to Plaintiff
and supposed to reside in the State of Texas.
III. Mary Ann Lytch, Flora Catherine Lytch, Sarah Margaret Lytch, Neill
A. Lytch, Duncan Lytch and Malcom Eliza Lytch, heirs of Mrs. Sarah Lytch
[daughter
of Alexander and Nancy Dallas McPherson, wife of Malcolm Lytch (or Leach)]
and supposed to reside in the State of Alabama.
IV. Jefferson D. McPherson, Willie McPherson (residing in Robeson
County) John A. McPherson and Hector G. McPherson, residing
in the State of Florida, and all heirs of John McPherson [son
of Alexander and Nancy Dallas McPherson].
V. Mrs. Annie Jane Buie, residing in Robeson County [daughter
of Alexander and Nancy Dallas McPherson and wife of John Buie son of Daniel
Buie and Flora McPherson Buie].
VI. Ann Eliza Buie, Duncan Patrick Buie, N.B. McArthur and wife Flora McArthur
heirs of Mrs.Catherine Buie decd [daughter
of Alexander and Nancy Dallas McPherson and wife of Daniel McPherson Buie son
of Daniel Buie and Flora McPherson Buie].
Documents from the 1783 estate papers of John Baker, Sr., Cumberland County,
NC; NCSA, Raleigh, NC:
Document
1 of 2 [not shown]:
The Subscribers being
appointed to settle between the Admrs of John Baker and the orphan John Baker
Junr do report that it appears to us and such is our report and award, that
there is of the estate of said decd in the hands of Elizabeth
McPherson the sum of £11.5.7. and in the hands of Danl Baker the sum
of £58.4.6. including the whole of the interest on the principal to this
date, which sums the said Elizabeth McPherson & Daniel Baker are liable
and accountable to the said John Baker for
Given under our hands and Seals this 9th of Augt 1803 –
P Haden? {seal}xxxxxxxxx
John Dickson {seal}
Neill Munroe {seal} xxxxxxJohn
Munroe {seal}
Document 2 of 2 [shown at right]:
Fayetteville Octr 29th
1783 This is a just & true Inventory of the estate of my deceased husband,
which has come to my knowledge...
Sworn before mexxxxxxxxxxxxxhisxxxxxxxxxxxxxxxxxher
Jal Burges JP xxxxxxxxxxDaniel X BakerxxxxxxxElizth
X Baker
xxxxxxxxxxxxxxxxxxxxxxxxxxxmarkxxxxxxxxxxxxxxxmark
Sworn statement of Neill McPherson of Fayetteville, Cumberland County, NC, 1877,
as to his family and siblings:
The
following is a sworn statement by Neill
McPherson, tailor, of Fayetteville in Cumberland County, NC, hastily recorded
by his attorney in 1877 detailing Neill's immediately family structure. In this
account, Neill does not name his father, but an 1839 Cumberland County deed
states Neill's father to have been one Alexander McPherson [bringing the number
of adult Alexander McPhersons in western Cumberland County around this time
to four]. Neill's brother Hugh's estate of 1811 states Hugh's [thus Neill's?]
father was Martin McPherson, Sr., and who probably was a Scottish immigrant.
Martin, Sr.'s wife's name is unknown. Whatever her name, it is possible that
she may have married twice — first to Martin McPherson and second to an
Alexander McPherson. Further research is needed.
Also, Neill doesn't name his wife in his account, however, her name was Martha
Lumsden. She was from Fayetteville and they married in 1839. I believe from
county records and census records that she and Neill were estranged. Neill's
brother [or half-brother?], Martin McPherson [husband of Elizabeth McRacken]
was a prominent citizen of Fayetteville in the early to mid 19th century, and
it is within Martin's and Elizabeth's son's [Hugh McPherson who died in 1854]
1877 Cumberland Co. estate settlement that Neill's sworn account may be found.
There was another Martin McPherson family in Moore County, and similar given
names were used within that family; however, the two Martin McPherson clans
do not appear to be closely related, if at all. I have much more information
on subsequent generations of this clan. —S. Edgerton
In the Matter of the Administration of the Estate of Hugh McPherson [who
died in 1854 and was son of Martin and Elizabeth McRacken McPherson]
In Probate Court
Neill McPherson being duly sworn says
I was the Uncle of Hugh McPherson & that Martin McPherson was my brother
/ John McPherson, Hugh McPherson Alexander McPherson were also my brothers /
Margaret Flora & Mary McPherson were my Sisters / Martin McPherson is dead
/ his children John & Hugh both who died unmarried. Martin left no daughters
— John McPherson is dead. he left Flora Hugh & Isabella — (his
children) Flora McPherson is living & the one served with notice. Hugh McPherson
John McPhersons son is living about six miles from Fayetteville on M Rail Road.
Isabella married Thos Munroe, both of them are living near Manchester in Cumberland
Co.[and are
both buried at Longstreet Presbyterian Church cemetery in Cumberland Co., NC]
Hugh McPherson my brother died in Mifsifsippi long before the war / Alex McPherson
my brother is living 5 miles from Fayetteville / My sister Margaret is dead
/ She married Thomas Rhodes Sr. She lived & died in Moore County some six
miles from Carthage [Margaret
and some of her children are buried near Carthage in Moore Co., NC]
/ She left Children — David, Thomas, Martin and William, daughters Nancy,
Lucretia Elizabeth. David & Lucretia & Elizabeth live in Moore County
about 6 miles from Carthage / Nancy Thomas & William are dead / Martin Rhodes
is living near Maysville South Carolina / My sisters Flora & Mary both dead
/ they never married
I have two children named John Henry & Mary. Mary is married to Dr. J.C.
Allred, they live in Florida, they have lived there since 1867 or 1868.
Hugh McPhersons mother [son
of Martin and Elizabeth McRacken McPherson] was Elizabeth McRacken
[daughter
of James, Sr., and Margaret McRacken]. James, Robert, Thomas
& John McRacken were brothers of Elizabeth McRacken. She had no sisters
/ they are all dead, James McRacken he left children — Ann, Robert &
William. William McRacken died unmarried, Robert McRacken I believe is living
in Columbus County [NC]
/ Ann McRacken married Dillon Jordan & moved to Florida a number of years
ago / they had children, Edward, Dillon, William / I do not know the name of
the daughter / they are all nonresidents / all the brothers of Elizabeth McRacken
died without issue but James McRacken.
Neill McPherson [signature]
Sworn and subscribed before me this day
Jany 26 1877
A. McPherson Jr., Judge of Probate
[Note: A.
McPherson, Jr., Judge of Probate, was the son of John McPherson and Sarah Black
McPherson, and no family relationship has been established between that of Martin
McPherson of Fayetteville and A. McPherson, Jr.—S. Edgerton]