USA > North Carolina > North Carolina historical and genealogical record > Part 10
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At this session attention was a- added, or new companies formed af- gain called to the fact that Tryon ter that date. Each company was di- county was still without a court vided into four classes. The first class house. A new act was passed, as was called into service for a term follows:
"The commissioners heretofore by
of months, and upon the expiration of their tour were relieved by the an act of the assembly appointed for second class, and so on, until all building a court house, prison and
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HISTORICAL AND GENEALOGICAL RECORD
stocks for Tryon county having fail- shall furnish cloathing as follows" ed to discharge the trust reposed in Under Tryon county follows this ap- them, the legislature appointed Wm. portionment: "55 hats, 231 yards of Moore, John Walker, Charles Me- linen; 110 yards of wollen or double Lean, Christian Carpenter, John Hill wove cotton; 110 pairs of shoes and and James White as commissioners stockings." Three freeholders of each to build the court house at such county were to receive the county's place as they think most convenient apportionment and those bringing on that track of land purchased by in any of the above named articles the late commissioners for that pur- pose, and cause same to be complet- ed in two years."
were credited with their value to- ward paying their taxes. (S. R. Vol. 12, p. 639). It may be seen from the above that Tryon county, at this time, had approximately 55 men in
(S. R. Vol. 24 p. 19)
County Courts Resumed.
In July, 1777, the Tryon county the Continental army.
The names of the following jus-
court of pleas and quarter sessions met. The justices named in the min- tices of the peace appear in the court utes of the court include Alexander, minutes for 1778: Joseph Hardin, Gilliland, Robert Alexander. John John Robinson, William Graham, Sloan, John Moore, Jonathan George Lambkin, William Yancey, John John McKinney. Jonathan Hampton,
Gullick. Jonathan Hampton. Mckinney, James McAfee, James Frederick Hambright. James McAfee, Johnson and James Logan. At the Valentine Mauney, Robert Johnson, July session Andrew Ncel was ap- George Black, William Neville, James Logan, Jonathan Gullick, Jonas Bed- ford, Robert Alexander, Jonathan Hampton, Robert McAfee, John Wal- ker and Davis Whitesides.
pointed clerk, Jonathan Hampton, public register and James Holland sheriff. Other routine business was attended to at this session. A regu- lax term was held in October.
At the January term of court Year 1778. Andrew Neel was named clerk; Jona- than Hampton. register: James Lo. gan, entry taker; Jonathan Gullick, county surveyor; John Walker and James White, coroners; and Robert Alexander, ranger. John Walker im- mediately came into court and re- requested to furnish an allotted por- sigued as coroner. James Miller was named sheriff of the county at the July term of court (Court Minutes. )
Early in 1778 Congress called up- on the various states to furnish cloth- ing for the use of the men in the Con- tinental line. At the meeting of the North Carolina legislature, which con- vened in New Bern, each county was tion of supplies. Under date of April 30. 1778, the following act was pass- ed: "Whereas, is is essentially neces-
Tryon county was represented in sary for the preservation of the the assembly of 1778 by William health of the troops belonging to this Graham in the senate, and William state and to enable them to bear Gilbert and Joseph Hardin in the the rigor of a northern climate that house. Gilbert was the duly elected they be fully supplied with cloathing. representative, but the assembly and it is possible that supplies from expelled him on charge of fraud in abroad may fail, hereafter: Be it connection with the handling of resolved that the several counties supplies for Tryon county, in his
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HISTORICAL AND GENEALOGICAL RECORD
official capacity as commissariat. said County which lies on the Fast These changes indr proved untrue. side shall be called, and known by He was succeeded by Joseph Har- the name of Lincoln county, and all din.
that part of the county which lies
Tryon county was divided at the on the other, or west side thereof, second session into two separate and shall be called and known by the distinct counties. The Revolutionary name of Rutherford County.
fever had reached its height at this "III -- And be it further Enacted time, and the name Tryon was by the Authority aforesaid, That
odious to the patriots. since the Sampson Lambkin, Benjamin Harden, county was named in honor of a (Hardin) John Walker and Jona- Royal Governor. Another county, than Gullett (Gullick), be appoint- Dobbs, also named for a Royal Gov- ed Commissioners and are hereby ernor, suffered the same fate. The required and impowered to run said great extent of Tryon county was dividing line agreeable to the direc- also given as one reason for its tions of this Act, which said Lines division. The act creating two coun- when run by the Commissioners, or ties from Tryon follows:
An Act For Dividing Tryon County Into Two Distinct Coun- ties by the Names of Lincoln and Rutherford, and for Other Purposes Therein Mentioned.
a majority of them, shall be entered on Record in the Court of each of the said Counties and shall hereaf- ter be deemed and taken to be the dividing lines between the said Coun- tiss; which said Commissioners shall
"1 .- Whereas, the large extent of be paid for their trouble and neces- the County of Tryon renders the at- sary expense for running the said tendance of the inhabitants on the lines; to be paid out of the County extreme parts of said county to do tax of Said Counties.
"IV --- And be it enacted by the au-
publick duties extremely difficult and expensive; For remedy whereof, thority aforesaid, That after the "II-Be it Enacted by the Gen- said dividing line shall be run as in eral Assembly of the State of North this act directed. the persons who Carolina and it is hereby Enacted are now now in the Commission of by the Authority of the same, That of the Peace for the County of from and after the passing of this Tryon shall be and continue Justices act, the county of Tryon shall be of the Peace for the Counties
divided into two distinct counties, wherein they respectively reside at by a line beginning at the South the time of running the aforesaid line. near Broad River, on the divid- dividing line between the counties ing r'dge between Buffalo Creck and of Lincoln & Rutherford and shall Little Broad River, thence along said be impowered to hold courts, and ridge, to the line of Burke thence execute all and everything to the along said ine unto the old Chero- office of Justice of the Peace be- kee line, thence a due West course longing in the said Counties of into the top of a lividing ridge be- Lincoln and Rutherford. without twoen the Eastering and Westering any new commission; anything to
Waters, thence along said ridge un- the contrary notwithstanding. to the oid line claimed by . South "V-B. it Enacted by the auth- Carolina, and all that part of the ority aforesaid, That Justices of the
-
ยท
MISIUKILAL ANU ULILLALVUILAU BUVVAL
Peace shall be nominated and Com- wards defraying the Contingent missioned and Courts held in each of Charges of the said County. the respective counties of Lincoln "VII -- And be it further Enact- and Rutherford in the same manner ed by the Authority aforesaid, That and with the same powers and jur- nothing herein contained shall be isdictions as Justices of the Peace construed to debar the sheriff of in the other counties of this state; Tryon County as it stood undivided the courts for the County of Lincoln to make distress for any Taxes, shall be constantly held on the fees, or other dues, which shall be third Monday in April, July, Oct- due from the inhabitants of the ober & January in each and every Said county on the first day of year, and the Courts for the county April, next, in the same manner as of Rutherford shall be constantly by law, the said sheriff might or held on the fourth Monday in April, could do, if the said county remain July, October & January in each ed undivided, and to that end that and every year, and the first no action commenced in Tryon court for the county of Ruther- County be defeated by the divis- ford shall be held at Col. John ion aforesaid, Be it Enacted
by Walker's, and the Justices of the the Authority aforesaid, That where County of Rutherford are hereby any action is already commenced authorized to adjourn to such places in Tryon County and the Parties in their county as they shall think or Evidences shall be Inhabitants most convenient to hold all subse- of Lincoln County all subsequent quant courts at until a Court House process against such parties or ev- shall be built.
idences shall be directed to be
"VI-And be it Further Enact- executed by the Sheriff of Lincoln ed by the authority aforesaid, That County to the End & Final Determ- the sum of two shillings for two ination of said Causes; any law, years be laid upon every Hundred Usage, or Custom to the contrary pounds of taxable property with- notwithstanding.
in the said county of Rutherford "VIII-And be it further en- and a poll Tax of two Shillings up- acted by the Authority aforesaid on every Freeman whose property That Benjamin Harden (Hardin), does not amount to the value of one Thomas Welch, Abraham Kuyrken- Hundred pounds, for the purpose dol (Kuykendo!l), John Earls and of Building a Court House, prison John Potts, be and are hereby and stocks therein; which said tax appointed Commissioners to lay off shall be collected by the Sheriff and appoint the place, where the of the County afor-said at such court House. Prison & Stocks for times and in the same manner as the use of the Said County shall be other Taxes are Collected and shall built, and there to erect or cause be paid to the person or persons the same to be erected.
who shall be impowered to receive "IX-And be it Enacted by the the same; and if any surplus should Authority aforesaid, That the Sher- arise from the sald Tax that it iff of Rutherford County is here- shall be paid by the said Commiss- by impowered and directed to ac- ioners to the Court of the Said count for and pay the money by County, to be by them applyed. to- him so Collected for the Purpose of
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HISTORICAL AND GENEALOGICAL RECORD
Building the aforesaid Court Building a Court. House, Prison and
House, Prison and Stocks to the Stocks therein which tax shall be . Commissioners aforesaid after de- Collected by the Sheriff of the ducting his Commissions For Col- County aforesaid at such times and lecting the same. in the same manner as other taxes "X-And be it further Enacted are collected and be paid to the per- by the authority aforasaid, That s'n or persons who shall be impow- from and after the passing of this ered to receive the same, and if Act the said Counties of Lincoln any surplus should arise from the & Rutherford shall be considered said Tax that it shall be paid by the as- part of the district of Salisbury. Said Commissioners, to the court "XI -- And be it Further En- of the Said County to be by them acted by the authority aforesaid, applyed towards defraying the Con- That the Commissioners, or a mia- tingont Charges of the Said County. jority of them by this Act appoint- "XIV -- And be it further enact- ed, are hereby impowered and di- ed by the authority aforesaid, That rected to employ workmen to build all ironies hitherto raised for the the Court House, Prison and Stocks purpose of Building a Court House, in the said County of Rutherford -- Prison and Stocks in the County of for the use thereof, and the said Tryon be equally divided between Court and a'l Causes and matters the counties of Lincoln and Ruther- therein depending after such Court ford and the respective Commis- House shall be built, shall stand ad- sioners herein named are hereby journed from the place where the impowered to Demand, receive or court shall have been held to the sue for the same, from all such per- said Court House. sons as may have any in their "XII-And be it. further Enact- hands.
"XV-And be it further Enacted
ed by the authority aforesaid, That Christopher Carpenter. Valentine by the Authority aforesaid. That
Money (Mauney), J. mes Reed. from and after the passing of this John Patrick & William Grimes, be act it shall and may be lawful for and are hereby appointed commis- the County Court of the County of sioners to purchase one hundred Lincoln to nominate and appoint acres of land in the most central three jurors to attend the General and convienient part of the said Court he'd at Salisbury for the Dis- County of Lincoln to erect a Court trict of Salisbury, & for the County House, Prison and Stocks on, and Court of Rutherford to nominate and to contract with and employ parsons appoint for said General Court to build a Court House, Prison and three Jurors." (S. R. Vol. 24, pp. Stocks in the County Aforesaid. 236-38 )
"XIII -- And be it further Enact- The new counties of Rutherford ed by the Authority afer: said, That and Lincoln officially came into ex- an additional tax of Two Shillings istence in April, 1779. The first court be for two years laid upon every for Rutherford was held at Col. John Hundred pounds value of Taxable Walker's r sidence in that month. property within the said County,
The General Assembly on Decem- and a Poll Tax of one Shilling upon ber 17, 1778, appointed the follow every Freeman for the purpose of ing Justices of the peace for Tryon
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HISTORICAL AND GENEALOGICAL RECORD
county: Joseph Hardin, John Rob- ty and to disarm all persons in Cum- 'ertsor. William Graham, George berland. Anson, Tryon and Guilford Lambkin, William Yancey, John Mc- who might give trouble to the cause. Kinney, George Black, Robert John- Before any action could be taken. son, James McAfee, Frederick Ham- early in February, 1779, Col. John bright, Valentine Mauney, Jonathan Moore, a Tory of Tryon county, rais- Hampton and William Neville. The ed 300 men and he claimed that there court records of Tryon show, in ad- were 2000 more ready for enrollment dition to the above list. John Moore, A detachment was sent out to ap- Abraham Kuykendoll, Thomas Espey, prehend Moore, but he left the coun- James Logan and Robert Alexander. try and joined Col. Hamilton's regi- At the January, 1779 court term, ment (Ashe. Vol. 1 p. . 601.) Thomas Espey was elected coroner, In 1779 "a second contingent of trustee. militia, under General Rutherford and Andrew Neel county The justices ordered that election of the Salisbury district, and Gen- for a representative in the General eral John Butler, of the Guilford Assembly be held in March, at which district ..... entered South Carolina time Robert Abernethy was chosen in the early spring, and participated from Tryon. in the battle of Stono in June, and
The court minutes for April are the Militia returned after their tour for Lincoln county. That county se- of five months expired" (Documen- cured all of the Tryon county court tary History of the American Revo- records upon division of the county, lution, Page 106.)
and for several years continued to In this brief space only the high- use same books, following the Tryon lights of this ancient county's his- county proceedings with those of tory has been noticed At a later time the newly created Lincoln. One of brief biographical sketches of the the first items of business in Lincoln signers of the Tryon Association will in April, 1779, was "the election of be given, and mention will be made a register in the room of Jonathan of Hon. John Holland, later a rep- Hampton. Esq., who by division of resentative in the United States Con- the late county of Tryon fell into gress. Joseph Hardin, pioneer Tenn- Rutherford county." John Wilson essee settler, for whom a county in was chosen. County officers selected Tennessee was named, and others. in Rutherford in April, 1779, were After 1779 the history of Tryon is Felix Walker, county court clerk; inseparably woven with that of Lin Richard Singleton, sheriff; Benjamin coln and Rutherford, which were Hardin, public register; David Miller
formed when the name Tryon be- entry taker, and Jonathan Gullich, came odious, and was abolished. suveyor.
County Officials.
Except in the territory where the Highlanders and Regulators resided, resentalives in the legislative halls of the state are given in the text of this article. The following are the
The names of Tryon county's rep-
and in Tryon county there was but little disaffection during the Revolu. tion. Realizing the danger from these other county officers who served Try- Governor Caswell, in 1779, ordered on during its ten years' of existence. 250 infantry and 25 horsemen to Their periods of service, while an- take possession of Cumberland coun- proximate, are believed to be as near
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HISTORICAL AND GENEALOGICAL RECORD
correct as it is possible to make them in the Clerk of Court's office, in as part of the Tryon county minutes Lincolnton. These wills are not re- are missing. corded, but are filed in tiling cases, and are indexed in the cross-index
Clerk of County Court.
April 1769-Oct. 1772-Ezekiel to wills. Incidentally, none of the Lincoln county wills, prior to July,
Polk.
Oct. 1772-April 1776-Andrew 1824, are recorded. The originals of Neel.
the Tryon wills, and those of Lin-
Apr. 1776-July 1777-William coln prior to July, 1824, have only the date of execution, or date writ-
Graham. July 1777-Apr. 1780-Andrew ten, in the text. In a few instances enterprising court clerks noted on the reverse of the will the date of
Neel.
Sheriff.
April 1769-Apr. 1771-Jchn Tag- probate. Hon. Alfred Nixon, one time ert.
clerk of the Lincoln court, also not-
Adams.
April 1771-April 1773-Francis ed on some of the wills the year of probate. Otherwise there is nothing April 1773-July 1777-Jacob Cost- to indicate just when the will be- came a matter of record
ner.
July 1777-July 1778-James Hol- land.
By an act of the Legislature, and under an order of the board of coun- July 1778, James Miller. Public Register. (Apparently no Register ty commissioners the late Mr. Nix- on, in 1898, indexed the Tryon and was Lincoln wills. Since that time. how- appointed until Oct. 1771) ever, a number of the originals have Oct. 1771-Oct. 1772-Thomas been removed from the cases. There Neel.
is no doubt but that a still greater
Neel.
Oct. 1772-July 1777-Andrew number were taken out prior to 1898. It would indeed be a very July 1777-April 1779-Jonathan commendable gesture on the part of the county commissioners of Lin- Coroner. coln county if they would order the Jan. 1770-Apr. 1773-William remaining wills of Tryon and Lin-
Hampton.
Moore.
coln, 1769 to 1824, recorded In that Apr. 1773-Jan. 1778-John Walker event the pilfering of the originals Jan. 1778-Jan. 1779-James would not be such serious matter.
White, John Walker. (John Walker refused to serve.)
Jan. 1779-Thomas Espey.
The following is a list of Tryon county wills. All persons mention- ed in the will, whether devised prop- erty or not, are listed:
TRYON COUNTY WILLS. ABERNATHY, ROBERT. Execut- The Marriage Bonds of Tryon and ed Jan 31, 1772; probated July, 1772. Lincoln county have been abstract- wife ( not named; ) sons. Robert, John ed and published in book form by Miles, D --- (ill.gibIs); daugh-
Hon. Curtis Bynum. This commend- ters Ann Turner, Smith; Eliza- able action on his part will save to beth Williams. posterity many valuable records. ABERNATHY ,ROBERT (may b?
The Tryon county wills are Alel same as above, as there is great re-
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HISTORICAL AND GENEALOGICAL RECORD
semblance in handwriting of two GRAY, SAMUEL. Ex. April 22, wills) no execution date; probated in 1775; prob. 1775. Wife, Agnes, sons, 1772. Wife, Sarah; sons, Robert, Jr., John, William, James, David, daugh- William, Charles, John, Miles, Smith; ter, Ann. daughters, Sarah, Amy, Lucy Cox. Nathan Abernathy.
GORDON, JAMES. Ex. Nov. 23, 1774; prob. Jan. 1776. Wife, Ann; AKER, (EIGER) CHRISTIAN. sons, Samuel, William, Henry, John, Ex. June 25, 1776; prob. July, 1777. James, Hugh, daughters, Mary Jones, Wife, Eve; sons, Peter, Christian, Anne, Eleanor, Margaret; grandson, Daniel; daughters, Barbary, erine.
Cath- James (son of William) ; heirs of deceased son Robert Gordon; grand- Ex. son, John, James. Probated before
ARMSTRONG, FRANCIS. Sept. 6, 1779; prob. Oct. 1779. Wife, Andrew Neel, clerk of the court. Easter; son Arthur; brothers, Rob- HANNAH, JOHN. Ex. Aug. 1, ert and James Armstrong; brother- 1767. Wife, Mary; sons, Ichabod. in-law John Leeper; nephew, Fran- Richard; daughters, Elizabeth and one cis, son of Robert Armstrong; broth- not named; brother-in-law, Henry Clark.
er (in-law?) Matthew Leepor.
BULLINGER, HENRY, 1770, to Elizabeth, Susannah, Magdaline, 1774; prob. Oct. 1774, Wife, Mary. Sophia, George, Henry. David. Abra- sons. John, Anthony, David, Daniel; daughters, Christiana, Mary, Susan-
BOUNDS, GEORGE. Ex. Dec. 27, nah, Elizabeth, Anna. Probated be- 1771. Daughters, Sinah Wadlington, fore Andrew Neel, clerk of court. Sarah Prince, Nelly Ashby ; grandson, HEKER, . WILLIAM, (partly in George Bounds Wadlington; son-in- German). Ex. Dec. 23. 1774; prob. law, Francis Prince.
Oct. 1775. Wife, (not named) ; sons,
BRADLEY, JOHN, Ex. June 24. Friedrick, Simon, William, John, 1778; prob. Oct. 1778. Wife, Mary, Christy; daughters, Elizabeth, Bar- sons, Thomas, John (by first wife) ; bary. George Wharton, Richard, John (by HENDRY, JOHN. Ex. Dec. 24, 1779; second wife), Edward, Isaac. James prob. 1780 (?). Brothers, Joseph,
Terry, Johnson; daughters, Sarah William and Moses Hendry; mother, sisters, Rebecca and others not Morgan, Anne Jones, Mary.
COLLINS, JOHN. Ex. March 28, named. 1774. Wife, Pheby; daughter, Bathia
LAN(G) HAM, JOHN. Ex. Oct. George, and other children not nam- 22, 1765. Wife, Comford; sons. Abel. ed; brother James Collins. William; daughters, Sarah Hagarty.
CLEGHORN, WILLIAM. Ex. Feb. Easter Dean, Jean McCoy, Comford 27, 1775. Wife, Lettice; sons, Wil- Osburn.
liam. James, John; daughters. Re- LITTLE, WILLIAM, 1772. Thom- becca, Jane, Lettice, Sarah Huddle- as, John, Archibald, Martha, James, ston.
Alexander.
GREEN, JOSEPH. Ex. Sept. 29, MCAFEE, JAMES. Ex. Feb. 4, 1771: prob. 1772. Wife, Mary; sons, 1769; wife, Margaret; sons, William, William. Abraham. Jacob, Isaac. James and Robert; daughter, Janet; Joseph; daughters, Anne. Mary; daughter-in-law (?) Jean Hardin; brother-in-law, James McEntire. . son-in-law, Joseph Hardin; grand --
ham, Joseph, Daniel.
HARMON, JOHN. Ex. Feb. 12,
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HISTORICAL AND GENEALOGICAL RECORD .
sons, Thomas and James, sons of Wil- Thomas Johnson, to have been made liam.
and pronounced a few hours before MCCORMICK. JOHN. Ex. Sept. his death on the river Kentucke in 8, 1770. Wife, Agnes; sons, Joseph, the Indian lands on the twenty-seven- John and other children not named. th day of March Anno Dom. 1775.
MOORE, WILLIAM. Ex. Oct. 9, "To wit-That it was his will that 1770; prob. 1771. Wife, Mary: sons, his wife Susannah Twitty should keep Joseph, John; daughter, Mary.
the children and what there was MCFADDEN, JOHN. Ex. March together to give them good educa- 25, 1776; prob. July, 1777. Wife. tion, and do well by them.
Hannah; sons, William, James, John, Samuel, Elias, Andrew, Stephen, Alexander; daughter, Margaret.
his
"THOMAS JOHNSON"
Mark
MURPHY, WILLIAM, prob. Oct. "Sworn in Open court 1779. Wife, Elizabeth; son, John. July Sess. 1775
MURPHY, OWEN. Ex. Dec. 6, Test AND. NEEL, CC." 1775; prob. Jan. 1776. Wife, Abigail: ( Twitty was a member of Col. sons, James. William; grandson. Richard Henderson's party, who were John.
exploring a large tract of land which OAKS, JOHN, 1774. to wife. Han- nah, and five children. This original is so faded. torn and mutilated that Henderson had purchased in Ken- tucky. Felix Walker, in his Memoirs. says "on the 25th of March, 1775, it is impossible to decipher its con- we were fired on by the Indians tents.
while asleep in our camp; Twitty and wounded. the company despondent and discouraged. We continued there twelve days. I was carried on a lit-
POTTS, JOHN, Ex. Nov. 30, 1770. his negro man killed, myself badly Brothers, Ezekiel. James and George Potts; sisters, Susannah. Sarah and Isabel Potts.
RUTLIG (RUTLEDGE) GEORGE ter between two horses to the bank Ex. March 21. 1770; prob. July. of the Kentucky river, where we 1779. Wife. Jean; sons, James, John. stopped and made a station and call- George, Charles; daughters Susannah, and Jean Rutledge.
Mary, ed it Boonsborough." Daniel Boone was leader and pilot of the party.
ROBERTSON. DAVID. Ex. July The date given in the will is prob- 8, 1771; prob. Oct. 1771. Wife, Fran- ably correct. )
WELCH, JOHN. Ex. June 5, 1769.
ces; sons, Matthew, Israel, Isaac,
Isham, James. David, Abner, John; Wife. Margaret; son. John; daugh- daughters, Molly, Sally, Betty; broth- ters. Rebecca and Margaret.
er, Charles Robertson; nephew, Geor- WILFONG, JACOB. 1769. to ge, son of Charles. Probated before Elizabeth, George. Catherine, Sarah, Ezekiel Pelk. clerk of court. 1771; WATSON, JAMES. Ex. Jan. 19. certifi d a true copy December 1774 1771; son, William; daughters, Sus- by Andrew Neel. clerk of the court. annah. Elee. Elizabeth; grandsons:
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