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Sixth Generation
69. Sebastian
"Boston" CLINE Jr. {1.4.1} 68,69,70 was born before 1743 probably in Alsace or
on the way to America.12 He died before 1788 in Georgia.12 Boston (Sebastian) is a unique name in the
Cline families. Finding a Boston Jr. in the records
closely associated with the elder Sebastian (Boston)
Cline almost certainly assures that Boston Jr is the son
of Sebastian (Boston) Cline. Boston Jr. witnesses a deed
by his father in 1764 indicating he is of legal age. This
implies that Boston Cline Jr. is born by 1743.
Boston Cline Jr. appears in the 1768 Rowan county tax
list along with his father Boston and brothers
Christopher and John Cline. Boston Jr. also appears in
several court records as he is assigned to road projects
in 1767, 1769 and 1771 in Rowan county. Boston Cline Jr
is deeded 200 acres on Clarks Creek by Derrick Ramsour in
September 1770 in Tryon county during the brief period
that it existed (1769 to 1779) and included the area that
would become Lincoln county. On June 6, 1771, this 200
acres is sold to Jacob Carpenter by Boston Cline Jr. and
his wife Margaret. Boston Jr. is appointed as a local
constable in 1772.
Boston Jr's wife, Margaret, is mo0st likely the daughter
of Derrick Ramsour. On the same date that Derrick deeds
the 200 acres to Boston Cline Jr, husband of Margaret,
Derrick also deeds 200 acres to Jacob Carpenter, the
husband of his daughter Catherine Ramsour. Lorena Eaker (GSP)
states that Margaret Ramsour Cline is born 1740-1744 and
dies on January 5, 1789 in Lincoln county. This is
consistent with the fact that she does not appear in the
1790 North Carolina census.
In September 1766, Boston Cline Jr. files for land on
Lyles Creek, which is granted on April 28, 1768.
Boston and his wife Margaret then sell this 350-acre
tract to John Leufever [Lefevre] on April 6, 1769. These
three transactions are recorded in Mecklenburg county
during the 1763-1778 period when land transactions could
not be done through the Granville office in Rowan county,
which was closed after Lord Granville's death.
Apparently, some enterprising residents of the Granville
land area are managing to conduct their land transactions
through Mecklenburg county, even though the land lies in
the domain of Rowan county. The most intriguing thing
about Boston Jr's April 6, 1769 transaction is that it
utilizes a "lease and release" type of
conveyance and that a Jacob Cline signs for the lease
portion of this, while Boston and Margaret sign the
release portion. The only Jacob Cline of legal age known
in North Carolina in 1769 is the Jacob Cline in
Mecklenburg county. This Jacob Cline is the probable
brother of Sebastian (Boston) Cline and, therefore, Jacob
is Boston Cline Jr's uncle. Presumably, Boston Jr had to
execute this deed over in Mecklenburg county and needed a
resident of Mecklenburg county to be a party to the
transaction.
A court petition filed in October 1774 against Boston
Cline Jr. reveals that he has abandoned his wife and
family of small children and has "run off to
Georgia" with Hannah Fry Burns, wife of Conrad
Burns. One record is found in Richmond county, Georgia in
1777, wherein Boston Jr. signs a petition to the
Continental Congress seeking removal of a General
Mcintosh as an incompetent officer.
Nothing further of Boston Jr's life and death in Georgia
has yet been found. However, Lincoln county court records
in 1787 and 1788 document Hannah Fry Burns' return to
Lincoln county with a son Jacob Cline Burns, born in
1777. GSP notes that Boston Jr and Hannah Fry Burns also
have a daughter Elizabeth, born 1785-1786. Elizabeth's
subsequent fate is unknown.
It is assumed that Boston Jr. dies in Georgia prior to
1790, since he does not appear in any of the surviving
1790 Georgia tax lists. Perhaps Hannah Burns returned to
Lincoln county in 1787, due to Boston Jr's death. Hannah
Burns is found in Lincoln county court records in 1795
with an abuse complaint against her brother's wife for
abusing her son Jacob Burns, and in 1799 contesting being
disowned in her father's 1784 will.
Sebastian, Jr. appears in the records many times.
Nicholas Fry disinherits his daughter, Hannah Fry Burns,
for deserting her husband Conrad Burns and going to
Georgia with Sebastian Cline, Jr.
Hannah returns to Lincoln County, NC ca 1788 with her two
illegitimate children, Jacob b. 1777 and Elizabeth
b. 1785-6 and they appear in Lincoln County, NC records.
Jacob is often referred to as Jacob Burns/alias Cline.
What happened to Elizabeth is not known but Hannah, d. ca
1818, in Lincoln County.
It must be noted that in the Sebastian Cline family
history, Ciscero Cline does not recognize the existence
of Boston Cline Jr. and attributes his wife Margaret, as
well as his children, to be those of Boston Jr's brother,
Christopher Cline. It is certainly understandable that
the remaining Sebastian Cline family and descendants
would not treasure the memory of this Boston Jr who
abandoned his family and that they would not speak of him
to the younger and succeeding generations. Therefore, by
the time that Ciscero Cline is writing (1910-1915), he
and his family of history contributors have no
recollection of Boston Jr. They probably remembered only
Boston Jr's abandoned children and had come to believe
that they belonged to Christopher Cline. This association
is natural because Christopher was the only other son of
Boston Cline old enough to have fathered these children.
Margaret
RAMSOUR was born in 1733 in possibly Tryon County,
North Carolina.71,72 and died on 5 Jan 1789 in Lincoln County,
North Carolina or York County, SC.71,72 She resided, 1763-1789, Lincoln County,
N.C.
Sebastian "Boston" CLINE Jr. {1.4.1} and
Margaret RAMSOUR had the following children:
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i.
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Samuel CLINE73 was born between 1760 and 1765 and
died before 1789. He is appointed to the grand
jury in Lincoln county. No other records are
found for Samuel Cline, however, on December 22,
1789, a widow, Rosannah Cline, marries Martin
Buff in Lincoln county. Rosannah is presumed to
be the widow of Samuel Cline because no other
Cline in Lincoln county, or elsewhere in North
Carolina, is known who could leave this widow,
prior to 1789. Samuel is assumed to have been
born about 1760-1765 in order to have married
Rosannah about 1780-1785. Samuel presumably dies
in 1789, just prior to Rosannah's marriage to
Martin Buff which provides anecdotal evidence to
his marriage to Rosannah.
In July 1794, long time Lincoln county resident
Peter Myers' will identifies his daughter
Rosannah and his grandchildren, Daniel Cline and
Susanna Cline. In January 1796, Peter Myers'
widow Margaret Myers leases 300 acres of land to
Philip Benick with the condition that after her
death he must relinquish it to the heir, Daniel
Cline (her grandson). In the Lincoln county 1790 census
Martin Buff has in his household two females and
two males under age 16. Martin Buff is found in
the Buncombe county 1800 census with a wife born
1756-1774, a male (Daniel) born 1775-1785, a
female (Susanna), born 1775-1785, and four other
children, one born 1785-1790, and three born
after 1790. It appears that Martin Buff was a
widower with a child at the time of his marriage
to Rosannah Cline in 1789.
Susanna Cline, daughter of Rosannah Buff, marries
in July 1814 in Haywood county (formed from
Buncombe county in 1808). Susanna is assumed to
be born about 1785 and is about age 29 when she
marries. Her brother Daniel is probably born a
few years earlier.
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ii.
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David CLINE74 was born about 1766 in Lincoln
County, North Carolina and died on 20 Dec 1828 in
Cleveland County, North Carolina,75 age 62 yrs, per his gravestone at
Knob Creek Methodist Church Cemetery, Bellwood,
North Carolina. He receives first communion from
Rev. Arends at Warlick settlement in Lincoln
county on October 26, 1783. He marries Sally
Carpenter (Zimmerman) in Lincoln county about
1785. Jacob Zimmerman's 1803 will identifies
David Cline's wife, Sally, as his daughter.
David's mother Margaret Ramsour Cline dies on
January 5, 1789. Within a few months, David
leaves Lincoln county. On February 20, 1789, he
buys 300 acres on Knob Creek in Rutherford county
from his wife's relative, Christian Carpenter.
Both David Cline and Christian Carpenter live in
Lincoln county at the time of this deed. David,
in Rutherford county, claims 40 acres adjoining
his own land on Knob Creek on July 1, 1790, and
the land is granted on July 9, 1794. He claims
another 100 acres on Knob Creek on April 10,
1804.
Cicero Cline confuses this David with another
David (1.3.1.2) from Cabarrus county, but does
correctly identify the sons of this David
(1.4.1.2) in Rutherford county as John Cline and
Jacob Cline. Their father and son relationship is
confirmed in the records. On April 30, 1821,
David sells half of his original 300 acres to
Jacob Cline, and John Cline witnesses the deed.
David's sons, John and Jacob, are buried near him
at Knob Creek Methodist Church. David has the
only Cline family in Rutherford county.
Therefore, the three Cline women in the
Rutherford county marriage records in 1812, 1820
and 1825 are David's daughters. In addition, the
Lincoln county marriage records identify another
probable daughter, Catherine, who marries in
1814. This Catherine is not a daughter of any
Lincoln county Cline and is presumed to be
David's fourth daughter who is enumerated as a
child in his household in the Rutherford county
1800 and 1810 census. David's family of two sons
and four daughters is verified in the Rutherford
county 1790-1820 census.
The gravestone next to David Cline is presumably
his wife's. It is broken and no inscription can
be seen. Also buried near him are the following
members of his family:
Sarah Cline Lackey (daughter), born October 25,
1793, dies June 20, 1845.
Jacob Cline (son), dies August 16, 1842 at age
41.
Sarah A. Cline (Jacob's daughter), born July 17,
1834, dies October 27, 1852.
John Cline (son), dies October 13, 1845 at age
55.
Catherine (John's wife), born April 15, 1796,
dies July 22, 1881.
Jacob Cline (John's son), dies September 16, 1845
at age 18.
Mima Cline (John's daughter), dies about 1831,
age 1 year 11 months.
David's widow, Sally (Salomey) Carpenter
(Zimmerman), is listed in the Cleveland (formerly
Rutherford) county 1850 census as Sally Cline,
born 1766. In the Cleveland county 1860 census,
Sally is listed as born in 1768, is an invalid,
but still lives in her own household.
David and Sally Cline's children are in the
Rutherford county civil and church records and
the census of Rutherford county and Cleveland
county. They are the only Cline families in
Rutherford county.
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iii.
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Catherine CLINE76 was born about 1769 in Lincoln
(Catawba County), North Carolina. She died before
1820. Catherina receives first communion from
Rev. Arends at Warlich settlement in Lincoln
county on October 26, 1783. This implies her
birth date is about 1769. Cicero Cline identifies
a Catherine Cline, who marries Michael Sumner
(Sumrow or Summerow), as a daughter of
Christopher Cline's son Henry (1.4.2.1). However,
the discussion of Henry's children in his section
of this chapter shows that he does not have such
a daughter Catherine. The only Michael Sumrow
found in the Lincoln county 1820 and 1830 census
is a widower, born 1750-1760, with five children,
born 1795-1810, in his household. It is
speculated that the Catherine Cline who marries
Michael Sumrow, as recalled in Cicero Cline's
account, is really this Catharina Cline, daughter
of Boston Cline Jr. If this is the case, then
Catharina marries Michael Sumrow about 1790, has
at least five children by 1810 and dies prior to
1820. |
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iv.
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William "Long Bill"
CLINE Sr.77 was born about 1775 in Lincoln
County, North Carolina. He died before 1860 in
Macon County, North Carolina. William is born
1770-1774 and his wife is born 1780-1784 per
census analysis. In the Lincoln county 1800
census, William, born before 1775, appears in his
own household with his wife, born 1774-1784, and
has no children. In the Lincoln county 1830
census William is listed as born 1770-1780, and
his wife is listed as born 1780-1790. William is
in the Macon county 1850 census and his widow is
in the Macon county 1860 census. William is not
found in the North Carolina 1810, 1820 or 1840
census. However, there is a William Cline in the
Lincoln county, Tennessee 1820 census, and the
ages of that William and his family match the
ages of the William ("Long Bill") Cline
family. Only two of William's three sons are with
him in that census. His son John is still in
Lincoln county, North Carolina and is a young
head of household there, probably on his father's
property, in the 1820 census. Perhaps William
moves to Tennessee for the years 1816-1820, which
is consistent with his land transactions.
Cicero Cline states that William Cline marries
Susannah Blackburn and has sons, William and
Nathaniel, and a daughter Fanny. An article by a
descendant, Mrs. Nancy Green Garrison, uses
family Bible and other personal data to identify
the above children and also a son John, who
marries Margaret Sullivan, and daughters Malinda,
Mary Magdalene (Polly) and Joanna. Mrs. Garrison
states that William ("Long Bill") Cline
is born about 1770, that his father is unknown,
and that William is probably a grandson of
Sebastian (Boston) Cline. Mrs. Garrison believes
that William ("Long Bill") marries
Susannah Blackburn about 1795 and that they first
live on the east side of Clarks Creek about four
miles east of Newton and then later live on Pinch
Gut Creek. William (Long Bill) moves to Macon
county in 1835.
The Lincoln county records show William claiming
20 acres in May 1792 on the east side of Clarks
Creek, but this claim is
"discontinued". He then acquires 116
acres on the east side of the Catawba South Fork
in March 1796. His brother-in-law, William
Blackburn, and his cousin, Henry Cline (1.4.2.1)
witness the deed. William is a juror in January
1798 and is noted as being adjacent to Andrew
Wilson on Clarks Creek in November 1800. William
witnesses a deed from John Sigman to Andrew
Wilson on May 1, 1802.
William attends the estate sale of his
mother-in-law Martha Blackburn in October 1803,
and he is identified as the husband of Robert
Blackburn's daughter Susanna in the Robert
Blackburn (deceased 1793) estate settlement of
May 1805. William is also identified as the
husband of Susannah Blackburn in her brother
James Blackburn's will of April 17, 1808, and
they, with her other brothers, deed 400 acres to
James' widow Susannah on January 7, 1809.
William acquires 176 acres on Bets Branch of
Clarks Creek from Lewis Huert in March 1810 and
sells this land to Jacob Smyre in May 1816.
William deeds 150 acres to Andrew Wilson,
adjacent to Andrew's land, in January 1813.
William (Long Bill) is on a court panel in
January 1812 along with his cousin William
("Devil Bill") Cline (1.4.2.7). It is
noted in Appendix J that several of the records
found for William Cline could belong to either
William ("Long Bill") or William
("Devil Bill"). The most probable
attribution is made.
William deeds 185 acres on the east side of
Clarks Creek to John Reinhardt on February 26,
1825. He acquires 180 acres on Pinch Gut Creek in
November 1826, where his son William Jr had
acquired 40 acres a month earlier, in October
1826. William Sr sells part of his Pinch Gut
Creek land in April 1834, and the rest in
September 1835. William is next seen on the
Iredell county tax list, holding 189 acres in
1837.
William and his son Nathaniel of Macon county
deed 114 acres on Horney Creek in Haywood county
to James Hicks of Macon county in January 1839.
William sues John Schuler at Morgan district
superior court on September 20, 1848.
William (Long Bill) Cline's children are
determined from the cited article by Mrs.
Garrison, with additional data from Ciscero
Cline, the civil records and the census.
----------------------- An account of William
Cline as recorded by J. M. Ballard states
that William Cline, generally known as "Long
Bill," because, it is said, that he was the
tallest man in the community and to distinguish
him from the several other William Clines in
those days. Whether he was native born or an
immigrant we could not learn. Neither could we
learn whether he was a direct descendant of our
Pioneer Sebastian Cline. From the date of his
"children's births we estimate that he was
born 1770 or earlier. He married about 1795 to
Susannah Blackburn, a daughter of Robert
Blackburn one of the Pioneer settlers of the
South Fork section of what is now Catawba County.
He seems to have been a prominent man. He and his
wife first settled on the East side of Clark's
Creek near where J. C. Ikerd now (1930's] lives
and on land previously owned by Peter Ikerd one
of the pioneers of this section. He must have
bought 95 acres to start with, then in 1815
William Cline bought 90 acres from John Ikerd,
also a portion of the old Ikerd grant. In the
year 1825 or 26 he sold 125 acres to John
Reinhardt and bought a farm about three miles to
the east on Pinch Gut Creek from Henry Campbell,
administrator for the George Lutz estate.
In 1835 he sold that farm and moved to Macon
County, North Carolina. This last sale was made
to John G. Hines. This farm changed hands several
times until in 1852, Alfred M. Propst bought it;
he died there in 1923, 96 years old. William and
Susannah Blackburn Cline were parents of 9
children, one of whom, William, Jr. married
Susannah Starr and remained in Catawba, County.
William Cline, Jr., a shoemaker by trade, bought
land and settled near his father's home. He
farmed in addition to his trade.
In the 1860 census, Esther Miller, the widowed
mother-in-law of William Cline, Jr. was living
with him and his wife Susannah Starr Cline. The
next household listed in that census was that of
Julius Calvin and Rebecca Fish Cline and their
child Margaret. [Ciscero Cline]
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v.
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Daniel CLINE78 was born between per census data
analysis of 1770 and 1774 in Lincoln (Catawba
County), North CarolinaHe receives first
communion on May 27, 1787 in Lincoln county. He
attends his grandfather Sebastian Cline's (1.4)
estate sale on September 6, 1794.
On March 4, 1794, Daniel claims 70 acres on
Indian Creek in Lincoln county. This land is
granted to Daniel on June 27, 1797. Per the
Cabarrus county 1800 census, Daniel is born prior
to 1775 and appears with his wife, three sons and
two daughters in his household. In 1803 Daniel
sells his Indian Creek land, with its "small
improvement", while he is a resident of
Buncombe county. After residing in Cabarrus
county and Buncombe county Daniel returns to
Lincoln county. In Lincoln county Daniel claims
75 acres bordering Phifer on Macklins Creek in
1805. He buys 200 acres on Hagins Fork from Caleb
Phifer of Cabarrus county in July 1806. In 1807
Daniel claims 40 acres on Lyles Creek and also
buys 200 acres on Lyles Creek. He appears in the
Lincoln county 1810 census with his wife and two
additional sons born since the 1800 census.
Daniel serves with the Lincoln county 8th company
in the War of 1812. In 1818, Daniel sells his
Hagins Fork land and moves to Burke county where
he appears in the 1820 census with one son and no
wife Daniel is then in the Rabun county, Georgia
1830 census where he is listed as single and born
1770-1780. Daniel obtains land in Murray county,
Georgia in the 1832 Georgia land lottery. He is a
juror in Murray county in 1837 and 1839. Daniel
apparently dies prior to 1840 since he is not
located in the 1840 or 1850 census.
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Sebastian "Boston" CLINE
Jr. {1.4.1} and Hannah FRY were married about 1774.
Sebastian ran off to Georgia with Hannah Fry, the wife of
Conrad Burns. He may never have returned to his first
family. Even a marriage between he and Hannah is not
documented. Hannah
FRY79
was born in 1745 in Berks County, Pennsylvania.80,81 (14 Trinity 1745 ) She was baptized in 1747
in Tohicken Reformed Church, Berks County, PA.82,83 Sponsors: Joh. Heinrich Babst and wife,
Geretraut She died before 13 Nov 1818 in Lincoln
(Catawba) or Burke County, North Carolina.84 While married to Conrad Burns, Hanna
deserted him for Sebastian Cline, Jr. to Georgia. While
in this illicit union, a son, Jacob, and a daughter,
Elizabeth, were born.
Hannah was disinherited by her father for deserting
Conrad and her children and going to Georgia with
Sebastian Cline, Jr. Hanna returned to Lincoln County, NC
with these two children. They are listed in Lincoln
County records. Jacob was known as Jacob Burns and/or
Jacob Cline at various times. As to what happened to
Elizabeth is unknown.
Note: Regarding Elizabeth in above paragraph, could she
be the same Elizabeth Burns, age 11 [born c. 1785], that
was bound to Peter Mosteller in 1796?
...."Here we will give another very important and
mysterious incident that he {Solomon Deitz] passed
through and performed a very sad and serious duty. There
lived in his immediate neighborhood one MR. [Conrad]
BURNS, who had married one of the old original pioneer
NICHOLAS FRY'S daughters [Hannah], after this marriage
they lived happily and peaceably together until one
[Sebastian] KLEIN marred their peace and happiness by a
sly and artful scheme in seducing his wife to elope with
him. He at last succeeded in his plans and the day was
set for the elopement. She told the children that she had
to go to the spring for a bucket of water and when she
did not return, an alarm was given and they with CONRAD
BURNS began to make a rigid search for her, but she could
not be found. At last the problem was solved. Some one
came in and said they saw she and KLEIN going in full
haste leaving the county. Then MR. BURNS had a sale and
sold everything except a wagon and team, and in a few
days they started west. The first night he camped in
Burke County and while sleeping his horses broke loose or
were stolen. He thought perhaps they had come back to the
old farm. He left his wagon and children and came back to
search for his horses, but would not find them. During
his searching a mysterious tragedy occurred. He
mysteriously disappeared, several days were spent in
searching the neighborhood for some clue to where he was,
but no trace of his whereabout could be ascertained. At
last his bones were found by the buzzards. They buried
them and SOLOMON DEITZ performed the burial ceremony in
the German language. The old people said it was a very
solemn affair. Now the great question was how he came to
his death. Which was never solved and remains a dark
mystery to this late day. The writer gained these facts
from old people who knew all about the matter. The writer
always made it his business whenever he met an aged
person to gain all the information he could in regard to
old historical matters and has been very successful in
this direction. The foregoing mysterious act occurred
about one hundred years ago."
["Catawba Cousins," Vol. 13, No. 2,
September 1998, page 9, "Historical Sketch for
the News" by G. M. Yoder, 16 February 1906 is
the following:
HANNAH FRY was born and was baptized in Bucks County,
Pennsylvania, 14 Trinity 1745 at Moseleum Lutheran
Church: "Baptized, fourteenth Sunday after Trinity,
1745; Hana, daughter of Joh. Nicholas Frey and his wife,
Elizabeth, nee Papstin. Godparents: Michael Hauer and
Hana Hillin".
Hannah was the daughter of NICHOLAS FRY who was born
about 1724 in Germany (son of JOHANNES AND JOHANEVA FREY)
and died 11 June 1784 and MARIA ELIZABETH PABST born 10
January 1726, Thaleischweiler, Rhineland-Pfaltz, Germany.
ELIZABETH PABST FRY was the daughter of JOHANNES HEINRICH
PABST and GERTRUE KIEFFER. NICHOLAS FRY and wife
ELIZABERH migrated from Germany to Pennsylvania and
resided in Bucks (Now Berks)County. (ELIZABETH PABST FRY
married a second time on 22 May 1787 in Lincoln County,
NC, MICHAEL WEIDNER, a widower and died April 1813 in
Lincoln County, NC).
HANNAH FRY married CONRAD BURNS in Berks County,
Pennsylvania, at about the age of 14 years, being so
young, her father and mother must have agreed to the
marriage or early marriage could have been an accepted
custom. Her first child, PHILLIP BURNS was born when she
was about 15 years old. HANNAH and CONRAD BURNS migrated
to North Carolina with her father around 1760. It must
have been very difficult to have a husband and family at
such an early age and then leave all that was familiar to
her and move to a new land that was a virtual wilderness.
At that time, the Lincoln/Catawba County area was
sparsely populated and was still inhabited by Indians.
HANNAH and CONRAD BURNS lived near her parents in what
was then known as the Clark's Creek area. We do not know
the names of all the children of Conrad and Hannah. She
was still a young woman when she began an affair with
SEBASTIAN (BOSTIAN) CLINE, JR. and ran away with him to
the Georgia Province (now Georgia and Alabama). BOSTIAN
and MARGARET RAMSEUR CLINE were neighbors of CONRAD and
HANNAH BURNS in the Clark's 'Creek area. After Hannah's
return to North Carolina from Georgia, it is believed by
the writers of "The Lowman Story" that she
resided with her son PHILLIP BURNS in Eastern Burke
County, NC. They also state that they believe that she is
buried in the old Burns Cemetery (George Hildebran Area)
and that the cemetery was started by her son, NICHOLAS
BURNS. The writers of this family genealogy believe that
she could have been buried near her son, Jacob at the Old
Hauss Cemetery located near Newton, North Carolina. Jacob
settled her Estate in Lincoln County and she may have
resided with Jacob as he is buried there in a marked
grave. There are sunken graves beside and above him that
are not marked, which are probably his mother and his
wife.
NICHOLAS FRY'S WILL:
HANNAH'S father NICHOLAS FRY'S will was dated 11 June,
1784 and probated in Lincoln County NC, 19 June 1784. He
names the following heirs:
Wife, ELIZABETH
Sons, GEORGE, PETER, NICHOLAS JR and JACOB
Daughters, MARY, BARBARA, CATHERINE and SUSANNA
"all my children except HANNAH BURNS"
In an effort to claim her portion of her father's estate,
HANNAH FRY BURNS filed the following civil action paper,
found in the estate records in Raleigh, NC:
State of North Carolina
To the Sheriff of Lincoln County
Greetings:
You are hereby commanded to make known to ELIZABETH
WEIDNER (the wife of NICHOLAS FRY - now married to
MICHAEL WEIDNER), PHILLIP FRY, GEORGE FRY, JACOB FRY,
MARTIN and MARY GORTNER, JOHN and SUSANNAH KILLIAN,
GEORGE and BARBARA IKARD, JACOB and CATHERINE GORTNER
that they personally appear before the Justice of the
next County Court to be held at Lincolnton on the first
Monday in January next, then and there to show cause if
any they have why the nuncupative will of NICHOLAS FRY,
deceased, should not be set aside and administration
granted to HANNAH BURNS or such persons the Court shall
think proper pursuant to order of Court. Herein fail not
and have you then and there this writ.
JOHN DICKSON,
Clerk of said Court of Lincolnton
the first Monday in October in the 23rd year of American
Independence
A.D. 1798.
From Court Minutes of Old Tryon County, NC:
Petition to the Court by CONRAD BURNS dated 10 October
1774:
"To the worshipful Court belonging to Tryon County,
hoping you will be spectators and Judge the character of
BOSTIAN CLINE, JR of Rowan County. Where we under named
subscribers, will with much veracity, endeavor to inform
you, as if though we were upon our qualifications,
whereas divers oaths and information hath been made to
CAPTAIN BLACKBURN, when he was in the commission of the
peace, setting forth that said BOSTIAN CLINE, a vagrant
jude fellow, several times feloniously took away or
seduced the wife of CONRAD BURNS from him the lawful
wedded husband, and with her carried off divers goods and
chattels, the property of said BURNS and that he, the
said CLINE, had himself a lawful wedded wife and a family
of small children. There is no stop or perimade in regard
to his malignant carrid practices, but still keeps
hankering after that lude woman, said BURNS wife and
makes no industry for a living to support his small
comers at home. Said CLINE ran off with said BURNS wife
into Georgia Province and left his own poor distressed
family to vindicate their own course as well as they
could and stayed with said lude woman between one and two
years. During that time, she became pregnant with child,
which he, the said CLINE, had one Bastard child with her
before he had the instigation or motive of breaking the
Bonds of Matrimony between BURNS and his wife, and
himself and his wife.
We humbly petition, Gentlemen, that you will be
circumspect Students in relation to the whole above
written, for such practice and carrying must of
consequence, be pernicious and malignant in the sight of
God and you yourselves may Judge what it is in the sight
of man."
Given under our hands this the 10th day of October, 1774
Witnesses:
CH (CHRISTIAN) BECKMAN
PETER MOLL
Court Officials:
FRANCIS PALMER
"German Name"
RUDOLPH CONROD
(Note: All of the above were residents of what is now
Burke County, NC)
Note from the writers:
From the above petition, we know that HANNAH FRY BURNS
and SEBASTIAN (BOSTIAN) CLINE, JR had at least three
children together. One before the petition was filed,
(possibly MARGARET BURNS, ophaned child in Tryon County
court recors, one in 1774/75, JACOB BURNS, SR in 1777 and
some sources state ELIZABETH BURNS born 1780-1784. One of
these children was possibly CHRISTOPHER CLINE, born in
1774/75, but further research is needed before we can say
for certain. These writers believe that ELIZABETH BURNS
was the daughter of CONRAD BURNS and HANNAH FRY BURNS and
that she married JACOB HAHN, son of JOHANNES and AGNES
LANGLIN HAHN in Lincoln County, 5 November 1788,
therefore, this ELIZABETH BURNS was probably born 1768 to
1770, assuming that she was 18-20 at the time of the
marriage. We have included her in this history as being a
child of CONRAD and HANNAH BURNS, she purchased items at
CONRAD BURNS' Estate Sale in 1784 and if 1768 is indeed
her birth date, she would have been about 16 years old at
the time of the sale. It does not seem likely that HANNAH
BURNS would have had two daughters named ELIZABETH.
However there was a child named ELIZABETH CLINE born
about 1785 or 1786 for which guardian bonds were granted
in Lincoln County Court at the same time as JACOB
CLINE/BURNS. This ELIZABETH would have been too young to
be the child of HANNAH and CONRAD BURNS.
Note: Information received Lucy Cook
Letter of Administration
State of North Carolina, Lincoln County - October Session
1818
Know all Men by these Presents, That we JACOB BURNS, JOHN
CLINE and WILLIAM BOST are held firmly bound unto PETER
HOYLE, Esquire, Chairman of said court, in the sum of
Fifty Pounds, current money to be paid to the said PETER
HOYE or his successors; to the which payment well and be
made, we bind ourselves, our heirs, executors and
administrators, jointly and severally, firmly by these
presents. Sealed with our seals and dated this 19th day
of October Anno Domini 1818.
The condition of this Obligation is such, that if the
above bounden JACOB BURNS, administrator of all and
singular the goods and chattles, rights and credits of
Hannah Burns deceased, do make or cause to be made, a
true and perfect inventory of all and singular the goods
and chattles, rights and credits of the deceased, which
have or shall come to the hands, knowledge or possession
of the said, JACOB BURNS or into the hands or possession
of any person or persons for Him; and the same so made,
do exhibit, or cause to exhibited into Lincoln county
court, within the time prescribed by law, after the date
of these presents: And the same goods, chattles and
credits, and all other the goods, chattles and credits of
the deceased, at the time of Her death, or which at any
time hereafter shall come into the hands or possession of
the said JACOB BURNS 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, agreeable to law, after the date of these
presents; and all the rest and residue of the said goods,
chattles and credits, which shall be found remaining upon
the said administrated account (the same being first
allowed by the Govenor 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 and
executors therin named do exhibit the same in court,
making request to have it allowed and approved of
accordingly, if the said JACOB BURNS above bounded being
thereunto required, do render and deliver the said
letters on administration, approbation of such testament
being first had and made in the said court) then this
obligation to be void, otherwise to remain in full force
and virtue.
Signed, sealed and delivered in the presence of
V McBEE
JACOB (his "J" mark) BURNS (seal)
JOHANNES KLINE (seal)
WILLIAM BOST (seal)
Note: Information received from Lucy Cook
An Inventory of the Property of the Estate of HANNA BURNS
deceased, which was sold by JACOB BURNS, administrator
this 13th day of November 1818
Clodfelter, Daniel ................ to a book and Sundrys
.................$ .50
Clodfelter, Daniel ................ to a padlock and
cotten ............... $ .31
Fry, Phillip .......................... to a parcel of
tobacco ..................$ .29
Clodfelter, Daniel ............... to Sundry ?
..................................$ .06 1/4
Fry, John ............................. to Sundry ?
.................................$ .06
Huett, George ..................... to a pot of fatt
................................$ .23
Clodfelter, Daniel ............... to a pot of fatt
................................$ .23 1/4
Clodfelter, Daniel ............... to a pot of fatt
................................$ .15
Clodfelter, Daniel ............... to 2 pails
.......................................$ .32
Fry, John ............................ to 3 pails
.......................................$1.12 1/2
Huett, George ..................... to a parcel of Soap
........................$ .33
Clodfelter, Daniel ............... to a dairy cow, Bacon
....................$ .29
Clodfelter, Daniel ............... to 2 pots
.........................................$ .09
Fry, John ............................ to a bag of coffee
...........................$ .50
Clodfelter, Daniel ............... to flax and Sundrys
.......................$ .30
Townsley, Aaron ................ to 3 bags dryed fruit
......................$ .61
Fry, John ............................ to a jug
...........................................$ .36
Clodfelter, Daniel ............... to a Honey Pot
...............................$ .60
Townsley, Aaron ................ to a fir hen
......................................$ .32
Clodfelter, Daniel ............... to a cask & ?
...................................$ .90
Rinck, John ........................ to an ascot
......................................$ .36
Huett, George .................... to 2 weeding hoes
..........................$ .32
Sullivan, Daniel ................. to ruff flax
.......................................$ .30
Fry, John ............................ to a crout pickel
..............................$ .30
Townsley, Aaron ................ to a parcel of potatoes
....................$ .41
Townsley, Aaron ................ to a barrel
........................................$ .31
Fry, John ............................ to a chair
.........................................$ .21
Huett, George ..................... to 2 chairs
.......................................$ .66
Clodfelter, Daniel ............... to one chair
.....................................$ .65
Fry, John ............................ to a Table
........................................$ .14
Clodfelter, Daniel ............... to a pot
............................................$ .13
Cook, Abraham ................... to a small pot
..................................$ .60
Townsley, Aaron ................. to a small iron
.................................$ .60
Cook, Abraham ................... to a skillett
.......................................$ .50
Fry, John ............................ to a oven
.........................................$ .80
Clodfelter, Daniel ............... to a straw basket
............................$ .04
Fry, John ............................ to a cow &
calf .............................$ 15.12 2/3
Fry, John ............................ to a Heffer
.......................................$ 6.50
Huett, George ..................... to 6 bushel of corn
..........................$ 4.00
Cook, Abraham ................... to cloathing
.....................................$ 1.00
Clodfelter, Daniel ............... to a bead & steads
..........................$ 7.90
Moose, George .................. to a bunch of yarn
...........................$ 1.19
Moose, George .................. to 2 bags
.........................................$ .12 1/2
Sullivan, Daniel ................. to 3 bags
.........................................$ 1.00
Cook, Abraham ................... to a Chafflingg
................................$ .26
Rinck, John ........................ to a bag of cotten
.............................$ .65
Fry, John ............................ to a shawl
........................................$ .35
Cook, Abraham ................... to a shawl
........................................$ .76
Roneny, James .................. to a ? & ? & 4
bales .........................$ .40
Cook, Abraham ................... to jargon & coffee
...........................$ 1.12 1/2
Fry, John ............................ to a small sherot
............................$ .42 1/2
Cook, Abraham ................... to a bag of Sundrys
........................$ .30
Fry, John ............................ to a gobblet &
saucer ......................$ .36
Cook, Abraham ................... to a pepper mill
...............................$ .63
Cook, Abraham ................... to a vase with medicine
& 2 books...$ .12
Fry, John ............................ to a pewter cason
with ? .................$ .51
Clodfelter, Daniel ............... to a pewter cason
............................$ .90
Fry, John ............................ to knifes &
forks & spoons ..............$ .14
Clodfelter, Daniel ............... to a dish
..........................................$ .79
Fry, John ............................ to a tea pot
......................................$ .81
Moose, George .................. to a chest & Sundrys
......................$ 1.15
Fry, John ............................ to a bunch of
shell and grain ...........$ .38
Cook, Abraham ................... Corn to 20 wt of flour
.......................$ .38
Cook, Abraham ................... and 7 of corn meal to a
parcel of corn..$ .29
Burns, Jacob ...................... to 75 wt of corn poan
at six and fourth cents
............................................ per pound
........................................$ 4.50
Burns, Jacob ...................... to the farming of
corn, pound of flax.$ 1.00
Burns, Jacob ...................... to cash
.............................................$ 1.56
Burns, Jacob ...................... to a parcel of oats
............................$ .12 1/2
Total
..........................................................................
........................$ 68.71 3/4
Jacob (his "J" mark) Burns
Sworn to in open court
V McBee
Sebastian "Boston" CLINE
Jr. {1.4.1} and Hannah FRY had the following children:
+83
|
i.
|
Jacob [Cline\Burns] BURNS Sr.85 was born on 2 Dec 1777 in Georgia.84,86,87 He was bound to Jacob Fie in Jul
1795.88 He died on 5 Sep 1857 in Catawba
County, North Carolina9 and was buried in Old Hass
Cemetery, Newton, North Carolina. Jacob Burns, a
farmer, is born in Georgia in 1777 to Boston
Cline Jr and Hannah Fry Burns. He returns to
North Carolina with his mother, marries, has
children and lives near the old Bost schoolhouse.
Jacob Burns dies in Catawba county on September
5, 1857, and his wife is buried in April 1867 at
Hauss Church cemetery, per the diary of Rev. P.C.
Henkle.
Jacob Burns (or Cline) Any legitimation of the
marriage is unknown.
1840 Lincoln County Census:
Burns, Jacob
1M - Age 20 to 30
1M - Age 50 to 60
1F - Age 20 to 30
1F - Age 50 to 60
1850 Catawba County Census:
Burns, Jacob - W M - Age 72 - Saddler - Born
Georgia - Can Read
Burns, Elizabeth - W F - Age 71 - Born NC
Bush, Catherine - W F - Age 8 - Born NC
During our research it became evident that JACOB
went by the name JACOB CLINE until he became an
adult and then went by JACOB BURNS.
"JACOB CLINE bound unto JOHN DEITZ then
being ten years and 7 months old"
[Lincoln County, NC April Court of Pleas &
Quarters 1788]
"Ordered by the court that Jacob BURNS alias
CLINE be bound unto JACOB FIE until age 21, being
now 10 years old. Said FIE to give the boy, when
free, one horse worth 10# and one set of Sadlers
tools, such as the said FIE uses, and to learn
said boy to read and write and with every respect
to comply with the law in such case made and
provided." [Lincoln County Court Minutes,
July Session, 1788]
The State versus MARIA FIE (Wife of JACOB FIE)
"To any lawful officer to execute:
Whereas complaint has been made before me, JOHN
WILFONG one of the Justices for said County, upon
the oath of HANNAH BURNS, of said county, widow,
that MARIA FIE wife of JACOB FIE of the County
aforesaid, sadler dit on the 3rd of this instant
at the house of the said FIES, beat and abuse,
JACOB CLINE son of the said HANNAH BURNS, now an
apprentice to the said JACOB FIE, for the said
MARIA FIE dit by her beating said apprentice for
making him to strike the said Mother by the
agetation of the whiping that his Mistress dit
give and other abuse to the said apprentice. We
are therefore, in the name of the State, do
command you to apprehend the said MARIA FIE and
bring her before some Justice for the said
County, so that further preceding may be had
thereon. Herein fail you not.
Given under my hand and seal this 5th Day of June
1795."
JOHN WILFONG (Seal)
Summoned: JOHN BENFIELD (Junior), JOHN SMITH (Son
of DANIEL SMITH) for JACOB CLINE, Apprentice
Evidence for the State.
JW
[NC Criminal Action Papers, Superior Court,
Lincoln County, NC, January 1788 Session NC
Archives, Raleigh]
"A deed of sale from JOHN A. WILSON to JACOB
BURNS for 89 Acres dated March 22, 1806, proved
by DANIEL McKISICK"
"A deed of sale from MICHAEL PROPST to JACOB
BURNS for 67 Acres dated December 21, 1807,
acknowledged."
"It is ordered that George Cline about 18
years old be bound unto Jacob Burns until 21
years old to learn the Sadlery trade."
[Lincoln County Court of Pleas & Quarter
Sessions: April 1808 Session]
Jacob Burns was among the buyers at the estate
settlement of George Naugle on January 14, 1825:
"Jacob Burns.................. a sadle &
clowes........................... .21"
"Jacob Burns.................. a mare
colt....................................
14.05"
"Jacob Burns.................. 2 frails
(baskets of rushes)........... .03"
"Jacob Burns.................. a sise &
snead ............................. .271/2"
Funeral for Jacob Burns on the first Sunday,
September 6, 1867. 2 Corr 5:1 [Rev. PC Henkel
Diary]
From Arbitration papers from the State of North
Carolina Archives for settlement of the estate of
Jacob Burns, Sr:
A) North Carolina to the use of NANCY HUIT
-vs-
W. D. WYCOFF
ABRAHAM COOK, ADM.
Execution: To the spring term, 1870, Catawba
Superior Court
No goods, chattels, land nor tenements of estate
of defendants, COOK,
as administrator nor of W.D. WYCOFF
"State of North Carolina, Catawba County,
Superior Court
To the Sheriff of Catawba County, Greetings:
Whereas judgment was rendered on the 2nd day of
August, 1869, in an action between North Carolina
to use of NANCY HUIT, plaintiff, and W.D. WYCOFF
and ABRAM COOK, administrator of JACOB BURNS,
defendants, in favor of the said, NANCY HUIT,
plaintiff, against the said WYCOFF and COOK,
administrators, defendants, for the sum of
$318.47 1/2 dollars, as appears to us by said,
judgment roll filed in the office of the Clerk of
said Court.
And whereas, the said judgment was docketed in
said County, on the 17th day of August, 1869, and
the sum of $318.47 1/2 dollars is now actually
due thereon, with interest from the 2nd day of
August, 1869.
You are therefore commanded to satisfy the said
judgment out of the personal property of the said
defendant, within your County; or if sufficient
personal property cannot be found, then out of
the real property in your County, belonging to
such defendants, on the day when the said
judgment was so docketed in your County, or at
anytime thereafter, in whose hands soever the
same may be; and further, to return this
execution at the next term of our said Superior
Court, on the 1st Monday in March, 1870.
Sealed this 31st day of August, 1869
MO SHERRILL
Clerk of Superior Court for Catawba County
B) State of North Carolina Court of Probate
Catawba County March 10, 1870
ABRAM COOK, as administrator
of JACOB BURNS, decd - Plaintiff
-vs-
PHILLIP BURNS - Defendant
I) Plaintiff complains and alleges that JACOB
BURNS, died intestate in said County, September
5, 1857, being there a citizen of said County and
possessed of real and personal estates and that
plaintiff duly administrated upon said estate at
the session of the County Court of said County
and undertook the burdens of said administration.
II) The the plaintiff has duly administered all
the personal estate which came to his hands, of
the intestate, being about $ 600.00, in the
payment of his debts, and that there are yet dues
and outstanding debts and judgments against the
estate, to the amount of about $700.00, and the
cost of the administration will be about $200.00
more.
III) That the intestate before his death, to wit
about the year 1855, with the intent to defraud
his creditors out of the debts, which he then
owed and which are yet due and outstanding
against his estate, conveyed to the defendant,
several tracts of land, which he then owned and
being all the real estate of which he was seized
or possessed, which said tracts are situated,
lying and being in said County and bounded as
follows:
viz: The first tract of 150 acres joining the
lands of JOHN LUTZ, and others, and others being
the tract whereas the defendant now resides, for
a more full description of which by miles and
bounds, reference is here made to the deed
executed by the intestate to said defendant,
bearing the date, February 14, 1855 and duly
registered in Registers book of said County.
Also another tract of 65 acres, conveyed to the
defendant by the intestate on or about the 3rd
day of November, 1856, which said tract lies in
said County and is bounded as follows; joining
lands of the 150 acre tract and bounded as set
forth in said deed to PHILLIP BURNS.
Also three other small tracts in said County,
viz; one of 23 1/4 acres, joining the lands of
JOHN SUMMIT and others; and one of 5 1/2 acres,
joining the lands of JOHN SUMMIT and others; and
one of 32 acres, joining the lands of JOHN SUMMIT
and others.
IV) That the value of said lands is about
$1,000.00, and it will be necessary to sell said
above described lands to realize assets enough to
pay the debts of the estate, as the smaller
tracts will not be sufficient and the large tract
cannot be so divided as not to greatly injure the
value thereof. That the value of the personal
property, which came to plaintiff's hands, was
about $600.00 dollars, all of which has been duly
disbursed in payment of debts and liabilities of
the estate. That the value of the 65 acre tract
is about $200.00 dollars, and the value of the
three small tracts or parcels of land is about
$100.00 dollars.
V) That the defendant sets up claim to the said
several tracts of land, under and by pretext of
said fraudulent conveyences.
VI) Whereas plaintiff demands judgment, that said
before described lands be sold by order of this
Court to pay the outstanding debts and
liabilities of the estate of JACOB BURNS,
deceased, as herein stated and set forth; and for
such order and further relief in the premises as
the facts of the case may require.
Written in the left margin of the document:
That the heirs at law of JACOB BURNS are the
following, to wit, PHILLIP BURNS, JOHN BURNS,
ABRAM COOK and wife ELIZABETH, and ANNA HAS, wife
of SIMON HAS all of Catawba County and JACOB
BURNS.
McCORKLE & BYRUM
Attorneys for Plaintiff
ABRAM COOK, the plaintiff, makes oath that the
matters of fact set forth in this complaint, as
of his own knowledge, are true, therein
information he believes to be true.
Signed: ABRAM COOK
Sworn to this 10th day of March, 1870
MO SHERRILL, Clerk of Court, Catawba County
C) State of North Carolina
Catawba County Superior Court
ABRAM COOK, administrator of JACOB BURNS,
deceased, you are hereby notified to give letter
of security (at the instigation of P. BURNS,
defendant) and justify the present on your land
for the prosecution of a suit against P. BURNS
23 September 1869
MO SHERRILL, Clerk of Court
State of North Carolina
Catawba County Superior Court
To the Sheriff of Catawba County, executing:
Your are hereby commanded to notify ABRAM COOK,
administrator of JACOB BURNS to give letter of
security for the prosecution of suit against P.
BURNS by delivering a copy of the above notice to
him.
Witness: MO SHERRILL, Clerk of said Superior
Court at office in Newton
September 23, 1869
MO SHERRILL, Clerk of Court
D) State of North Carolina
Catawba County Superior Court
ABRAHAM COOK, Administrator
of JACOB BURNS, Plaintiff
-vs-
PHILIP BURNS, Defendant
The plaintiff complains and alleges in a first
cause action:
I. That in the lifetime of one JACOB BURNS, to
wit, on or about the ___ day of
_______, 18__, the above named defendant
contacted, under his hand and seal, with the said
JACOB BURNS to pay to him on demand, $600.00
dollars for value received.
II. That on the ___ day of _________ 18__, the
said JACOB BURNS, died intestate and that at
___________ term 18 __ of the County Court of
Catawba County, the plaintiff was duly appointed
administrator of all the goods, chattels, rights
and credits of the the said JACOB BURNS and is
yet such administrator.
III. That the said simple bills could not be
found among the papers of the intestate and is in
the possession of the defendant.
IV. That no part of said simple bills has been
paid to the plaintiff nor was any paid to his
intestate, according to the best of his
knowledge, information and belief.
V. That prior to the commencement of this action,
the plaintiff, as administrator of said
intestate, said on several occasions, demanded of
the defendant the surrender of said simple bills
on its payment, both of which demands the
defendant refused to comply with.
VI. That for a second cause of action since the
death of the intestate, but at what exact time
the plaintiff is unable to state, the defendant
received from a LAWSON FRY the sum of ________
dollars, to the use of the plaintiff.
VII. That thereafter and before this action, the
plaintiff demanded payment thereof from the
defendant.
VIII. That he has not paid any part thereof.
Wherefore the plaintiff demands judgment for the
sum of $600.00 dollars, with interest thereon
from the ___ day of _______ 18__ and on ________
dollars, for the ___ day of 18__.
Bayport Bailey, Attorney for Plaintiff
Service of notices and pleadings in the action
may be served on ___________.
E) State of North Carolina
Catawba County Court of Probate
August 1st, 1870
ABRAM COOK, administrator
of JACOB BURNS, deceased
-vs-
PHILLIP BURNS
I. Defendant answers and admits that JACOB BURNS
died intestate in said county at the time set
forth in said complaint and that the plaintiff,
ABRAM COOK, was duly appointed administrator of
the deceased.
II. Defendant denies that the personal estate
belonging to said deceased at the time of his
death has been exausted in payment of the debts
against the estate of the said deceased.
III. Defendant denies that there was any intent
to defraud creditors in the sale then drawn of
the the lands mentioned in the third allegation
of plaintiff's complaint but that he gave a full
and fair consideration, to wit; one thousand
dollars for the first tract of 150 acres, joining
the lands of JOHN LUTZ as described in complaint.
IV. That defendant denies any intent to defraud
creditors in the purchase of the other tracts
mentioned and described in complaint.
V. That plaintiff and one JOHN BURNS with
himself, purchased the said last described lands.
To wit; one tract of 65 acres, one of 23 1/4
acres, and one of 5 1/2 acres from the
plaintiff's intestate, agreeing therefore to
support and maintain the said intestate and his
wife ELIZABETH BURNS during their lives. As will
more fully appear by reference both deeds,
hereto, annexed, marked A or X as a part of
defendants answer.
VI. Defendant alleges that if the transaction in
regard to the last described lands be adjudged a
fraud in law, the plaintiff was a party thereto
and as such, cannot maintain this action but the
actions should have been brought in the Superior
Court and prosecuted by the creditors in person
in this court.
VII. That this Court has no jurisdiction,
therefore, plaintiff demands judgment his costs
at Court.
HUSSEY SCHNECK
Attorneys for Defendant
Signed: PHILIP BURNS
Sworn to before me this 4th July 1870
MO SHERRILL, Clerk of Court
F) State of North Carolina
Catawba County Superior Court
Spring Term 1873
ABRAHAM COOK, Administrator
-vs-
PHILLIP BURNS
JOHN BURNS and others
It is agreed as a final compromise of the suit:
That PHILLIP BURNS shall execute to ABRAHAM COOK,
administrator, a release of all debts and
judgments, which he owns, against the estate of
JACOB BURNS and ABRAHAM COOK, as administrator of
the estate, and surrender the evidences of the
debts of any in his hands. That the plaintiff
thereas, agrees that payment may be taken against
him for the cost of this action and that this is
to be a final settlement of all matters of
differences in issue in That pleadings.
March 8, 1873, HUSSEY SCHNECK, Atty for defendant
WP BYRUM, Atty for plaintiff
G) State of North Carolina
Catawba County Superior Court
A. COOK, administrator, et.al.
-vs-
PHILLIP BURNS, et.al.
This case referred to E. COULTER and C. M.
HILDEBRAND, with leave, to choose and umpire. The
referees to arbitrate all matters in dispute
between the parties, set forth in the pleadings
and growing out of the administration of the
estate of JACOB BURNS, and the several
conveyences of land, i.e., made by and including
the costs of council fees of the plaintiff in the
two suits, brought by HENRY CLINE as guardian of
the HEWIT CHILDREN and in which said CLINE
obtained judgment. This award to be a rule of the
Court.
A true copy of the Order of Court
MO SHERRILL, Clerk of Court
H) State of North Carolina
Catawba County
August 3, 1872
We the undersigned referies ordered by Court to
investigate all matters in dispute between ABRAM
COOK, administrator of JACOB BURNS, deceased,
plaintiff and PHILIP BURNS, defendant, growing
out of the administration of the estate of JACOB
BURNS, deceased, met at the Court house 2nd and
3rd of August, 1872.
On examination we find that ABRAM COOK,
administrator, duly administrated on the estate
of JACOB BURNS and paid out in the payment of the
debts of JACOB BURNS all monies and notes which
came into his hands, with the exception of
$62.00 dollars in bank bills, which was lost by
negligence on his part, which amount we agree
worth $30.00 dollars.
We find a judgment in favor of JOSEPH L. HUITT
against ABRAM COOK, as administrator of JACOB
BURNS, deceased, for the sum of $334.22 with
interest on same from August 2, 1869. of $60.16.
Costs on same are $41.00.
Also a judgment in favor of NANCY HUITT against
ABRAM COOK, as administrator of JACOB BURNS,
deceased, for the sum of $265.77 with interest on
same from August 2, 1869, of $47.83. Costs on
same are $58.18.
Making in agragate of $807.16 to meet, we find
only the $30.00 above mentioned in the hands of
ABRAM COOK, administrator.
We find a conveyence or deed from JACOB BURNS to
PHILIP BURNS, conveying to him for the
consideration of $1000.00 dollars, a tract of 150
acres of land, in which we find no evidence of
fraud on the part of either. We also find a
conveyence or bill of sale from JACOB BURNS for
the sum of $275.00 dollars to PHILIP BURNS, ABRAM
COOK and JOHN BURNS the following personal
property; one wagon, one grey mare, one carriage,
still and vessels, all my household and kitchen
furniture, one cow, all my hogs, all my wheat,
oats, corn and roughness, one harrow, all my
farming utensils and all and everything belonging
to said JACOB BURNS, all of which was equally
divided between PHILIP BURNS, ABRAM COOK and JOHN
BURNS at the death of JACOB BURNS, with the
exception of the corn, wheat and oats.
Also another conveyence or deed from JACOB BURNS
to PHILIP BURNS, ABRAM COOK and JOHN BURNS of 75
acres of land known as the house tract for the
sum of $350.00 dollars.
Also another conveyence or deed from the same to
the same of three tracts of land, one of 23 1/4
acres, one of 5 1/2 acres, and one of 32 acres,
all known as primelands, all three conveyed for
the consideration of $100.00 dollars. All of
which conveyences we consider fraudently made,
with the intent on the part of JACOB BURNS,
deceased, to defraud his creditors, and very
probably known to the three assignees,
especially, ABRAM COOK, plaintiff.
As we find only $30.00 in the hands of ABRAM
COOK, administrator, to pay the above named
judgments, we agree, that the above named
personal property, which we value at $218.00
dollars, without the wheat, oats and corn, which
was used by the widow of the deceased, also the
above named tract of land known as the house
tract, which we value at $450.00 dollars, also
the above named three small tracts known as
primelands, which we value at $90.00 dollars. The
land having been transfered in part, the sale of
which might cause other litegation, therefore we
agree that each one, PHILIP BURNS, ABRAM COOK and
JOHN BURNS be charged with his pro rata part of
the real and personal estate received by them as
above mentioned and valued, and the same shall be
used in payment of above costs and judgments,
with simple interest on judgment to present time,
also all other court cost of this arbitration
which amount is not known.
Therefore our judgment is that PHILIP BURNS pay
of the above judgment
and cost $ 252.66 2/3
JOHN BURNS pay on same $ 252.66 2/3
ABRAM COOK pay on same $ 252.66 2/3
ABRAM COOK also our valuation of amt due state $
30.00
TOTAL $ 788.00
which we respectfully submit
Signed: E. P. COULTER
P. M. HILDEBRAND
JAS. A. GARVIN
Referees time 2 1/2 days each
witnesses J. BOST 1 Day, 6 miles
" J. BURRIS 1 Day, 7 miles
Not presently known is the relationship of JOSEPH
L. HUITT and NANCY HUITT to JACOB BURNS, SR., but
we suspect that the mother of these children may
have been a daughter of JACOB AND ELIZABETH
BURNS. If this is fact, then the mother's name
was CHRISTINA BURNS, born about 1802 and married
JOSEPH HUIT, born about 1797 and died before
1860, the HUIT children, at least Nancy and James
who were minors, must have been under the
guardianship of HENRY CLINE.
1850 Catawba County Census:
Huit, Joseph - W M - Age 53 - Blacksmith
Huit, Cresianna - W F - Age 47
Huit, Anna - W F - Age 23
Huit, Lucinda - W F - Age 22
Huit, Eliza - W F - Age 21
Huit, Elcana - W M - Age 19
Huit, Barbary - W F - Age 17
Huit, Anderson - W M - Age 13
Huit, Nancy - W F - Age 9
Huit, Lettie - W F - Age 6
Huit, Jane - W F - Age 2
Huit, Franklin - W M - Age 1
1860 Catawba County Census:
Huit, Christenia - W F - Age 59 - Farmer
Huit, Lucinda - W F - Age 35
Huit, Juluis A - W M - Age 22 - Farm Laborer
Huit, Joseph L - W M - Age 16 - Farm Laborer
We have not included her in this book as a
daughter of JACOB and ELIZABETH BURNS, because
further research is needed on this family.
CENSUS RECORDS
1840 Lincoln (now Catawba) County Census
Burns, Jacob
One White Male - Head Household - Under Age 26
One - White Female - Head Household - Age 16-26
One - White Male - Age 10-16
Two - White Males - Under Age 10
Two - White Females - Under Age 10
Note: JACOB BURNS, JR is not listed on the 1850
Census with his wife and family. It is not known
if he died between 1844-1850 or if he went west
and left his family.
Lincoln County Deeds:
JACOB BURNS, SR From JACOB BURNS, JR
This indenture made the 29th of February in the
year of our Lord, one thousand, eight hundred and
Forty four, between JACOB BURNS, JR of the County
of Catawba, State of North Carolina of the first
part and JACOB BURNS, SR of the County and State
aforesaid of the other part, Witnesses: That the
said JACOB BURNS, JR for and in consideration of
the sum of fifty dollars to him in hand paid by
the said JACOB BURNS, SR the receipt whereof the
said JACOB BURNS, JR doth hereby acknowledge hath
given, granted, bargained, sold, aliened and
confirmed and by these present doth give, grant,
bargain, sell, alien and confirm unto the said
JACOB BURNS, SR his heirs and assigns forever all
that tract - piece or parcel of land situated,
lying and being in the county of Catawba and
State aforesaid, on the waters of Clarks Creek,
beginning at a pine in the forks of the creek and
runs south and crossing the creek 66 poles to a
pine then a new line South 75 East 100 poles to a
gum bush and pointers then North 60 East 78 poles
to a white oak bush and pointers the North 48 and
West 4? poles to a post oak, then North 7t West
164 poles to the beginning corner on said JACOB
BURNS line, containing 55 acres more or less and
also all woods, ways, water and watercourses and
all and every the appurtenances thereto belonging
or in any wise appertaining and the reversion and
reversions remainder and remainders rents issues
and profits of the aforesaid land and premises
and very part thereof and the the estate, right,
title, interest, claims, demands, and property
whatsoever of the said, JACOB BURNS, aforesaid,
to the land and premises hereby granted and to
have and to hold the aforesaid land and premises
with the appurtenances unto the said JACOB BURNS,
SR his heirs and assigns to the proper use and
behoof of the said JACOB BURNS his heirs and
assigns forever and the said JACOB BURNS, for
himself, his heirs, the aforesaid land and
premises and every part thereof against him and
his heirs and the claims of all and every other
person whatsoever to the said JACOB BURNS, his
heirs and assigns shall and will forever warrant
and defend by these persons. In witness whereof
the said JACOB BURNS has hereunto set his hand
and seal the day and year first above written.
Signed sealed and delivered in presence of
JESSE BOLICK
JOHN BURNS JACOB BURNS, JR
(his seal)
Catawba County in the Probate Court
The execution of the foregoing deed from JACOB
BURNS, JR to JACOB BURNS, SR was this 3rd Day
August, 1869, duly proved by the oath and
examination of JOHN BURNS one of the subscribing
witnesses thereto. Get said deed together with
this certificate by registered.
M.O. SHERRILL
Probate Judge
Registered 4 August 1869
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ii.
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Elizabeth BURNS was born
between 1805 and 1806 in Lincoln County, North
Carolina.90,91 She died after 1870 in Catawba
County, North Carolina. Elizabeth is born in
Georgia in 1785-1786 to Boston Cline Jr. and
Hannah Fry Burns per Lorene Eaker. Elizabeth
marries Abraham Cook in Lincoln county on July
17, 1823 and her brother Jacob Burns is bondsman,
per the Lincoln county marriage records. |
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