MECLENBURG COUNTY, NC - WILLS AND ESTATES - Estate Of Isham Fuller
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Contributor's note: Isham Fuller (died 1846) and his mother, Sarah Fuller
(died 1845, widow of Alsey Fuller) died intestate and had estate files in
both Mecklenburg County, NC, and in York County, SC. They are buried,
along with Alsey Fuller, in the Flint Hill Baptist Church Cemetery, Fort
Mill, SC. Transcriptions of documents found in the North Carolina State
Archive, Mecklenburg County Records, Estate file of Isham Fuller, follow.
I expect to also place transcriptions of the York County intestate estate
files of Alsey Fuller, Sarah Fuller and Isham Fuller in the York County
SC USGenWeb Archives. North Carolina State Archives citation for these
estate files is CR 065.508, Box 90. Transcriptions are within quotation
marks. I attempted to preserve the spelling and misspelling of the
original documents. [Bracketed material added by contributor]
List of documents transcribed below:
Special letters of administration - February 23, 1846
Special Administrator's Bond - February 23, 1846
Administrator's Bond - April 27, 1846
Petition for Widow's Year's Allowance - April Term 1846
Allotment of Widow's Year's Allowance - May 25, 1846
Petition for Dower - April Term 1846
Alias Order for Dower 4th Monday in July, 1846
Report of Execution of Order for Dower - August 11, 1846
Return of Sale to April Term 1846
Return of Sale to July Term 1846
Settlement of Isam Fuller's Estate with administrator January term 1848
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[SPECIAL LETTERS OF ADMINISTRATION]
"A list Of the Perishable Property of the Late Isham Fuller Deceased -
3 head of horses
6 head of cattle
9 head of hoggs
State of North Carolina
Mecklenburg County
We the undersigned Justices of the Peace being called upon have
met at the County Court Clerk's Office, and have granted Special letters
of administration on the Estate of Isham Fuller to Colonel Thomas I.
[middle initial of administrator appears to be an "I" to this reader,
but could be a "J"]Grier and do hereby Order that he take into his
possession & make sale of the above specified property and make return
of the same according to Law. Upon giving bond in $200.
Given under our hands & seals this 23rd of February 1846.
Test: B. Oates, Clerk William Boyles, J. P.
David Harry, J. P.
David Henderson, J. P."
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"Thomas I[J?]. Grier
Special Administrator of Isham Fuller
Bond
23 February 1846
State of North Carolina, Mecklenburg County
Know all Men by these presents that Thomas I. Grier are held and firmly
bound unto the State of North Carolina, in the sum of Two Hundred dollars,
current money, to be paid to the said State of North Carolina; to the which
payment well and truly to be made, we bind ourselves, our heirs, executors
and administrators, jointly and severally, firmly by these presents. Sealed
with our seals, and dated this 28 day of February, A.D., 1846.
The condition of the above Obligation is such, that if the above bounden
Thomas I. Grier administrator or all and singular the goods and chattels,
rights and credits of Isham Fuller deceased, do make or cause to be made,
a true and perfect inventory of all and singular the goods and chattels,
rights and credits of the deceased, which have or shall come to the hands,
knowledge or possession of the said Thomas I. Grier or into the hands or
possession of any person or persons for him, and the same so made, do
exhibit or cause to be exhibited into Mecklenburg County Court, within
the time prescribed by law, after the date of these presents: And
the same goods, chattels and credits, and all other goods, chattels or
credits of the deceased, at the time of his death, or which at any time
hereafter shall come into the hands or possession of the said Thomas I.
Grier or into the hands or possession of any other person or persons for
him, do well and truly administer according to law; and further do make,
or cause to be made, a true and just account of his said administration,
agreeably to law, after the date of these presents: and all the rest and
residue of the said goods, chattels and credits, which shall be found
remaining upon the said administrator's account, (the same being first
allowed by the Governor and Council, Superior or County Court) shall
deliver and pay unto such person or persons, respectively, as the same
shall become due, pursuant to the true intent and meaning of the act, in
that case made and provided. And if it shall appear that any will or
testament was made by the deceased, and the executor or executors therein
named do exhibit the same in court, making request to have it allowed and
approved of accordingly, if the said Thomas I. Grier above bounden being
thereunto required, do render the said letters of administration,
(approbation of such testament being first had and made in the said
court) then this obligation shall be void, otherwise to remain in full
force and virtue.
Thomas I. Grier (Seal)
J Mc Alexander (Seal)"
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"Thomas I[J?]. Grier
Administrator of Isham Fuller
Bond
April Term, 1846
State of North Carolina, Mecklenburg County
Know all Men by these presents that we, Thomas I. Grier, James A. Grier
and William M. Grier, are held and firmly bound unto the State of North
Carolina, in the sum of Two Thousand dollars, current money, to be paid
to the said State of North Carolina; to the which payment well and truly
to be made, we bind ourselves, our heirs, executors and administrators,
jointly and severally, firmly by these presents. Sealed with our seals,
and dated this 27 day of April, A.D., 1846.
The condition of the above Obligation is such, that if the above bounden
Thomas I. Grier administrator or all and singular the goods and chattels,
rights and credits of Isham Fuller deceased, do make or cause to be made,
a true and perfect inventory of all and singular the goods and chattels,
rights and credits of the deceased, which have or shall come to the hands,
knowledge or possession of the said Thomas I. Grier or into the hands or
possession of any person or persons for him, and the same so made, do
exhibit or cause to be exhibited into Mecklenburg County Court, within
the time prescribed by law, after the date of these presents: And
the same goods, chattels and credits, and all other goods, chattels or
credits of the deceased, at the time of his death, or which at any time
hereafter shall come into the hands or possession of the said Thomas I.
Grier or into the hands or possession of any other person or persons for
him, do well and truly administer according to law; and further do make,
or cause to be made, a true and just account of his said administration,
agreeably to law, after the date of these presents: and all the rest and
residue of the said goods, chattels and credits, which shall be found
remaining upon the said administrator's account, (the same being first
allowed by the Governor and Council, Superior or County Court) shall
deliver and pay unto such person or persons, respectively, as the same
shall become due, pursuant to the true intent and meaning of the act, in
that case made and provided. And if it shall appear that any will or
testament was made by the deceased, and the executor or executors therein
named do exhibit the same in court, making request to have it allowed and
approved of accordingly, if the said Thomas I. Grier above bounden being
thereunto required, do render the said letters of administration,
(approbation of such testament being first had and made in the said
court) then this obligation shall be void, otherwise to remain in full
force and virtue.
Signed, sealed and delivered Thomas I. Grier (Seal)
In the presence of: B. Oates, Clerk J. A. Grier, (Seal)
William M. Grier (Seal)"
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"Rebecca Fuller
vs
The personal Estate
Of Isham Fuller
Petition for [Widow's Year's] allowance
State of North Carolina Court of Pleas and Quarter Sessions
Mecklenburg County April Term 1846
To the worshipful the Justice of said Court - the Petition of Rebecca
Fuller humbly complaining sheweth unto your worships:
That she is the widow and relict of Isham Fuller late of said County who
departed this life, since the last term of this court, intestate. She
prays your worships to appoint one Justice of the Peace and three
Freeholders of said County, unconnected with your petitioner, to allot
and set apart to her her year's allowance agreeably to act of Assembly
in such case made and provided and she as in duty bound will ever pray.
Grier Solicitor for petitioner
[Back of the petition appears to show names of one Justice of the Peace
and three freeholders called for in petition]
A. R. Erwin, Esquire
Samuel Knox
Samuel Carothers
Ezekiel Carothers"
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"Year allowance of provisions for Widow Fuller
State of North Carolina
Mecklenburg County
We the undersigned having been appointed a committee by the Court of
Common Pleas for the County aforesaid to lay off and allot to Rebecca
Fuller Widow of Isham Fuller deceased one year provision for herself &
Family do proceed to lay off as follows:
To 150 bushels corn 112.50
To 600 [pounds?] bacon @ 10 60.00
To 3 Barrels Flour 6.00 18.00
To 50 [pounds?] coffee @ 10 5.00
To 100 [pounds?] sugar @10 10.00
To fodder or hay 20.00
To 2 Milk cows 6.00 12.00
To 1 Sack salt 2.75
To 5 gallons molasses 50 2.50
To [fine?] spices 1.00
_____
243.75
To 1 bedd and furniture
To 1 wheel and cards
[no value assigned to bed, furniture,
wheel and cards]
Given under our hands and seals
May 25th 1846
A. R. Erwin, J. P. Ezekiel Carothers
John H. Grier
James R. Bailey
S.D. Carrothers Snr"
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"Rebecca Fuller vs. The Real Estate of Isham Fuller deceased
Petition for Dower
April Term 1846
Grier
State of North Carolina
Mecklenburg County
Court of Pleas and Quarter Sessions
April Term 1846
To the worshipful the justices of said court. The petition of
Rebecca Fuller humbly complaining sheweth unto your worships -
That she is the widow & relict of Isham Fuller late of said
county who died since the last term of this court intestate and
possessed of a tract of land lying and situate in said county
adjoining the lands of Hugh Harris and others leaving the following
infants his heirs at law -- for whom there has not been any guardian
appointed viz. William Jones - Sarah - Alsy & Henry Clay Fuller.
She prays your worships to issue an order to the sheriff to summon a
jury of good and lawful men to lay of[f] and set apart unto her her
dower according to act of assembly in such cases made & provided and
she as in duty bound will ever pray.
Grier Solicitor for Petitioner"
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"Rebecca Fuller vs. The Real Estate of Isham Fuller deceased
Alias Order for Dower to October Term 1846
State of North Carolina
To the Sheriff of Mecklenburg County Greeting:
You are hereby Commanded to Summon a Jury of Good & lawful men
together with the County Surveyor to be and personally appear at such
time as you may appoint on the lands of which the late Isham Fuller died
seized and then & there lay off & allot to Rebecca Fuller widow & relict
of said decedent her right of Dower in said lands agreeable to law in
such case made and provided.
Herein fail not, and have you the preceding together with this writ
before our next Court of Pleas and Quarter Sessions to be held for said
County at the Court House in Charlotte on the 4th Monday in October next.
Witness Brady Oates Clerk of our said Court at Office the 4th Monday
In July A.D. 1846.
B. Oates, Clerk"
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"Rebecca Fuller vs. The Real Estate of Isham Fuller deceased
[Report of Execution of Order for Dower]
I depute T. J[I?]. Grier to Execute this Order for Dower
T. N. Alexander, Sheriff
Surveyor Fees -- $2.50
State of North Carolina
Mecklenburg County
I Thomas N. Alexander Sheriff of Said County attended by the following
Jury of good and Lawful men (viz) J. M. Potts, James S. Carothers, Robert
Irwin, Herbert Stowe, John H. Grier, William Smith, Ezekiel Carothers,
John Neely, Robert Porter, John S. Neely, Samuel D. Carothers, John Knox
Carothers, who after being sworn according to law, Proceeded on the 11th
day of August 1846 in Obedience to the annexed writ, to lay off and allot
to Rebecca Fuller her Dower and thirds in the lands of Isham Fuller
deceased as described in Said writ, according to the following metes and
bounds-Beginning at a Large White Oak [Houston's?] corner and runs with
his line S 42 E 116 poles to a post oak. S 50 W 190 poles to a small
Dogwood. N188 poles to a White Oak. Then to the Beginning. Containing
About 101 acres.
And proceeded also to put her in possession of the same given under the
hands and seals of the Said Jurors.
Before me this Said 11th day of August 1846.
Thomas N. Alexander, Sheriff
By Thomas I. Grier, Deputy
[Small plat of survey drawn on the face of the document]
[Signatures of Jurors]
John M. Potts (seal)
James S. Carothers (seal)
Robert Irwin (seal)
Herbert Stowe (seal)
J. H. Grier (seal)
William Smith (seal)
Ezekiel Carothers (seal)
John Neely (seal)
Robert Porter (seal)
John S. Neely (seal)
S. D. Carrothers (seal)
J. K. Carothers (seal)
North Carolina
Mecklenburg County
The above Platt represents the Dower Land of Rebecca Fuller widow
Of the Late Isham Fuller deceased. Beginning at a Large White Oak
John [Houston's ?] corner and runs with his line South 42 East
116 poles to a P. Oak at a branch on the Indian line then with 2nd
line S 50 W 190 poles to a small Dogwood at the edge of the old
field then N 190 poles to a white oak. Then to the Beginning
containing one Hundred & one acres. Done this date as above.
Thomas I[J?]. Grier Deputy, Surveyor"
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"Return[of sale]of the Estate of the Late Isam Fuller deceased by
the administrator."
April Term 1846
The following is a correct Return of the property sold of the Estate
Of the late Isam Fuller deceased by the administrator on the Special
Letters - and due on the 22d day of December 1846 -------------------
the widow 1 side harrow 0.121/2
Do 1 plow 0.57
Do 1 side shovel 0.25
J. E. Sutton 1 side shovel 0.25
A. C. Sutton 2 Bull Tongues 0.10
William Fuller 2 Do Do 0.17
A. C. Sutton 2 plows & singletree 0.30
Do Do Lot - sundries 0.061/4
James M. Garrison Lot - Do 0.10
Do Do Clovis hoe & Harrow [trees?] 0.25
the widow 2 iron wedges 0.41
James M. Smith 2 Do Do 0.43
A. J. Bowden 2 old axes 0.13
Richard Kendrick 2 augers and tongues 0.23
the widow 1 shovel 0.061/4
Do hay fork 0.061/4
A. C. Sutton 1 handsaw 0.55
the widow 1 plow, singletree and clovis 0.34
William Fuller 1 Do Do Do 0.80
the widow 1 cow and calf 4.00
Do 1 Do Do 3.18
A. C. Sutton 1 Red cow and calf 3.01
A. C. Sutton 1 Bay Mare 15.00
the widow 1 Brown Horse 20.00
James E. Sutton 1 Sorrel filly 44.60
James M Garrison 1275 wt Seed Cotton by 1.661/2/100 wt 21.221/2
the widow 7 hoggs per head 41 cents 2.87
William E. Holliday 1 Rifle gun 14.50
William Fuller 1 Shot gun 6.371/2
A.C. Sutton-Jenny and child hired for bal. of year 30.00
One note on H. Hunter 5.18 due 6th Nov. 1845 5.18
Insolvent 1 note on Adam Lyles 4.00 due 23rd Dec.1845 4.00
1 Do Do 3.00 die 23rd Dec.1845 3.00
Account on William McGill - insolvent 3.00
_____
$175.421/4
The foregoing Return of the Sale bill and note and accounts
of the Estate of the late Isam Fuller deceased is correct
as given under my hand.
Thomas I[J?]. Grier, administrator"
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"A Correct Return of the Property Sold by Thomas Grier administrator
of Isham Fuller, deceased
July Term 1846
The following is a correct Return of the amount of the Sale of the
Property of the Late Isham Fuller deceased.
Sold by the administrator May 25th 1846. On a credit of Six Months.
Amount of Sales $809.75 1/2
Corn on hand and Laid off for
widow's year's allowance
15 bushels at 75 cents 11.25
Bacon on hand and Laid off to widow for
her years allowance 212 wt at 10 cents 21.20
Wheat not good on land 10 bushels at 75 cents 7.50
Returned to July Term 1846 $849.70
Thomas I[J?]. Grier administrator"
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"Settlement of Isam Fuller's Estate
with Administrator Thomas I Grier
January term 1848
State of North Carolina
Mecklenburg County
We Samuel Cox & William Hebert [Neil? -see signature at bottom of
W H Neil, JP] having been called upon to make settlement with Thomas
I[J?] Grier administrator of Isam Fullers Estate have made the
following settlement viz;
We find the administrator charged by the following Returns
To Clerks certificate on return for Estate sales $1081.841/4
To Judgement on J [I?] Byrum come late to hand for decedent 13.83
_________
$1095.671/4
We find the administrator entitled to the following credits (Viz)
No. 1 By E M Faras receipts on Note principal and interest 119.38
2 " E M Faras receipts on Note principal and interest 119.38
3 " E M Faras receipts on Note principal and interest 119.38
4 " E M Faras receipt ballance of Note pr & Int. 45.30
5 " Samuel A. Davis receipt on Note pr & Int. 51.20
6 " Henry Hunters receipt on Note pr & Int. 82.26
7 " John M. Strongs receipt on Note pr & Int. 61.95
8 " Rebecca Fullers receipts for years allowance
of provisions, pr & Int. 268.121/2
9 " E M Faras receipt on ballance of pr. & Int. 4.59
10 " John Springs receipt on account pr. & Int. 2.79
11 " John M. Strongs receipt on proven account pr. & Int. 9.43
12 " E M Faras receipts on ballance of note pr. & Int. 4.41
13 " E M Faras receipt on ballance of pr. & Int. 3.261/2
14 " W W Pettus receipt on note ballance pr. & Int. 14.93
15 " W W Pettus receipt on account pr. & Int. 2.60
16 " C L Cawsons receipt on ballance of note pr & Int. 4.76
17 " John W Williamsons receipt on account pr. & Int. 3.18
916.33
[page break]
"Carried from page 1st $916.33
No.18 By J H Elliots receipts on Note pr. & Int. 11.911/2
19 " E C Greers receipt pr. & Int. 10.70
20 " Thomas P. Greer's receipt on account pr. & Int. 14.64
21 " William Fullers receipt on account pr. & Int. 2.09
22 " Joal A. Mitchal receipt on account pr. & Int. 3.18
23 " B. Oats Receipt for court costs pr. & Int. 7.121/2
24 " William Fullers recpt on ballance of note pr. & Int. 13.53
25 " Thomas P. Griers Receipt on proven account pr.& Int. 4.121/2
26 " Clerk's receipt for Return .40
27 " William Rives receipt for calling sale 1.65
28 " Robert Warren receipt for calling sale 1.10
29 " Two Letters of Administration 1.76
30 " Clerk's receipt for certificate and returns 1.65
$990.191/2
31 " Credit by Wm McGills account insolvent 3.21
By commission on amount charged
1095.67 cents at 5 per cent 54.78
By commission on amount paid out
990.191/2 cents at 5 per cent 49.51
1097.691/2
1095.67
Ballance due administrator $2.021/2
Calculations made up to January Term 1848.
Given under our hands and seals this 18th day of January 1848.
W H Neil, JP (seal)
Samuel Cox, JP (seal)"
[Contributor Note: "Mecklenburg County, North Carolina, Minutes of the
Court of Common Pleas and Quarter Sessions, Volume V: 1841-1850",
Transcribed by Herman W. Ferguson, at page 101, states that Elias M.
Faires sold Isham Fuller 300 acres of land in Mecklenburg County by deed
dated December 25,1844, and presented to the July, 1845 Session.
Payments shown to "E M Faras" above evidently made to complete payment
for this land. Same source at page 120 states that on Monday, April 27,
1846, Thomas Grier, Administrator, was given leave of Court to sell two
Negroes, George and Margaret, belonging to the estate of Isham Fuller.]
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http://www.usgwarchives.net/copyright.htm
This file was contributed for use in the USGenWeb Archives
by: Milford Kirby bmkirby@mindspring.com
___________________________________________________________________