Contributed by Carolyn Gibbons
Posted February 10, 2008 by Myrtle Bridges
"The estate records were transcribed from the microfilm of loose estate papers from the NC Archives.
The applications for citizenship and the items about Revolutionary War soldiers and widows was from Cumberland
County Court Minutes - September 1838." Carolyn
1. Estate Alexander Avera - 7 pages - 1809
a. Inventory of Property of Alexander Avera decd; includes hogs, cattle, horses, shoats, fodder, corn, furniture, tools,
woman's saddle, candlesticks, sawed lumber, plow, house in "Averaes Bourough" taken by William Avera
b. Second inventory with 950 acres of land; on same page sale 22 Sep 1809; 600 acres land to Hector Stewart ($600); 350
acres to William Avera Jr ($60). Sale 22 Mar 1810 on same page corn to Robert Norris, Archd Baker, William Beard, Richard Sharp.
c. Five pages of Sale of Items to many people, including William Avera Jr, Richard Avera, Sary Avera, William Avera Sr
2. Estate Edith Avera - 1 page - 1848
a. Administrator's Bond Cumberland Co - $600 on 4 Dec 1848; Lovit Ryals is administrator on estate of Edith Avera; other
bondsmen Neill S Stewart, Young Ryals.
3. Estate John Avera - 1 page - 1859
a. Administrator's Bond Cumberland Co - $600 on 8 Sep 1859; Henray Avera is administrator on estate of John Avera; other
bondsman is Henry C Avera.
4. Estate John Avera - 8 pages - 1872
a. Superior Court Cumberland County; petition of Lisbon B Averitte of Early Co GA. Item 1: Petitioner is guardian of
James Avera, minor & only child of late John Avera of Early Co GA. Item 2: John Avera died owning 2 tracts of land: one
in Cumberland of 147 acres as per devisee Moses Avera 12 Aug 1844, Lot No 3, registered in Book 2 page 456 & other in
Harnett Co. (description follows); one in Harnett Co as by division of lands of William Avera 20 Dec 1850 registered in
Book L No 2 page 226, being Lot No 2; (description follows) containing 115 acres. Both tracts together equal 262 acres.
Item 3: Henry Avera, brother of HJohn Avera, paid taxes upon the land; since his death ur[?] Bessie Executor of Henry Avera
has paid the taxes now amounting to about $100 which is necessary to pay; also bill of costs due to the office of Clerk of
Superior Court of Cumberland in a suit abated at the Fall Term 1871. Item 4: Petitioner represents it is in the interest
of the minor, now a citizen of GA, to have land sold. Item 5: Petitioner prays that commissioners be appointed to sell
said land. In margin notes: Amend Petition to add Avera's land in Wake Co, about 124 acres.
b. Oath of W. B. Wright that facts in petition are correct of his own knowledge. Sworn 10 Jan 1872.
c. Superior Court Cumberland Co: Prayer of Petition granted. Ordered that Benjamin F Shaw appointed commissioner to sell
the lands (terms). 10 Jan 1872. 12 Jan 1872; petitioner filing with clerk of Cumberland Superior Court certified copy of
his appointment as guardian of James Avera; sale confirmed.
d. Harnett Co Superior Court. L B Averit guardian of James Avera; Benjamin F Shaw was appointed Commissioner by the Hon.
R. R. Baxter; filed report showing 16 Feb 1872 at court house door in Lillington, sold land specified for $195.85 to Henry
Carroll Avera highest bidder; Thomas Fowler security. 16 Feb 1872
e. Harnett Co Superior Court. Benjamin Shaw was appointed Commissioner by Hon. R. P. Baxter, filed his report showing
1 Apr 1872 he sold James Avera's interest in 1,000 acres of land in Wake Co; $37.50, said interest was 1/8.
f. Cumberland Co Superior Court; Read, filed report of Benjamin F Shaw, appointed to sell lands describe in petition of
Lisbon B Avera, guardian of James Avera by his Attorney Messrs. Wright and Ray; land sold for fair price. Costs be paid
out of the funds. 16 Feb 1873.
g. Early Co GA; know that we L. B. Avriett Principal, Abner Avritt & Whitliff Avriett Securities; bond for $2000 for
L. B. Avriett as Guardian of James Avra, orphan of John Avra decd; 6 Feb 1871. On same page another item (almost illegible)
from Early Co GA ordering L. B. Avriett to take charge of James Avra, orphan of John Avra, etc. 4 (or 9) May 1871.
h. Early Co GA; July Term, 6 Jul 1871. James Avra, orphan of John Avra decd, has filed petition to have L. B. Avriett
appointed guardian. So ordered. On same page James B. Jones, Ordinary of said county, certify that the above, with
printed bond & Letters of Guardianship are true copies of the Originals as appear of record; also copy of the order of
appointment. 27 Oct 1871
5. Estate Moses Avera - 9 pages - 1831 [when first document]
a. Administrator's Bond Cumberland Co for $400 on 5 Dec 1831; James Colvill, administrator estate of Moses Avera; other
bondsmen James Calvin & Henry Moore.
b. List of property sold by James Colvill, Administrator of Moses Aver decd, Mar 1832. Sold to William Avera Jun,
William Avera Sr and others.
c. Court of Pleas and Quarter Sessions Mar Term 1843; Petition of Henry Avera & wife Edith, James Draughon & wife Ether,
William Ennis & wife Elizabeth, Lovett Royals & wife Mary, John Avera, Henry Avera, William Avera, Thomas Avera: Brother
of petitioners - Edith, Ether, Elizabeth, Mary, John, Henry, William, Thomas - died intestate; petitioners are next of
kin & heirs at law; Moses owned considerable real estate, nearly 1500 aces - one tract called the Ben Moore Tract, one
called the Munn Tract, one called the Evans Tract, one called the Juniper Tract, one near the Buckloe tract - refer to
conveyances & deeds; debts of estate are paid; petitioners are each due 1/8 of said lands. John & William are not
inhabitants of this state; request Lazarus Pleasant, James Hodges, Daniel McNeill, Parquar Campbell, Cader Cannaday,
Farquar Smith & William Smith or any five be appointed with a surveyor to divide and make partition.
d. Minutes of Cumberland Court of Pleas & Quarter Sessions, Mar Term 1844. Petition of Henry Avera & wife Edith,
James Draughan & wife Esther, William Ennis & wife Elizabeth, Lovit Royals & wife Mary, John Avera, Henry Avera,
William Avera, Thomas Avera; Some time since Moses Avera brother of your petitioners - Edith, Esther, Elizabeth, Mary,
John, Henry, William, Thomas - died intestate; petitioners next of kin & heirs at law; Moses had considerable real estate
nearly 1500 acres to wit: one tract called the Ben Moore tract, one clled the Munn tract, one called the Evans tract, one
called the Juniper tract, one near the Bucktoe[?] tract - refer to deeds of said tracts. Debts due by the estate are all
paid. Petitioners entitled to 1/8 each of said lands. John & William are not inhabitants of this state. Petitioners
request that Lazarus Pleasant, James Hodges, David McNeill, Farquhar Campbell, Cadar Kannady, Farquar Smith & William
Smith or any five be appointed to divide said lands. Jun Term 1844 - Petition granted. Listed persons ordered to make
e. Order to Sheriff of Cumberland Co to cause to be made the sum of $28.50 of the Goods and Chattels, Lands and Tenements
of Henry Avera, James Draughon, William Ennis, Lovit Ryals, John Avera, Henry Avera [name is listed twice], William Avera
& Thomas Avera; charges from petition for division of lands of Moses Avera decd at Cumberland Co Court of Pleas and Quarter
Sessions held lately and above listed are liable; sheriff is to bring said money & his fee to court on 1st Mon in Mar.
Issued 11 Dec 1844. On bottom is handwritten bill of costs
f. Listing of within document: Henry Avera & wife & others vs. Real Estate of Moses Avera; written upside down is listing
of receipts: Lovet Royals $3.73; William Avera Jr $3.73 [and something illegible]; Henry Avera Jr and James C. Draughan &
John Avera [illegible] paid by said William Avera; Thomas Avera $3.73 his part; William Ennis $3.73 his part; Henry Avera
$3.73 his part. Dates Mar 1845 costs paid. Signed Alexander Johnson, Sheriff
6. Estate Richard Avera - 69 pages - 1844
a. In the file, near end, order to Sheriff of Cumberland Co, order to take of the goods and chattels, lands and tenements
of Arthur Horne, $9.50 which Court of Pleas and Quarter Sessions of Cumberland Co charged for costs where said Arthur is
liable; bring to court 1st Mon in Jun. Issued 28 Mar 1844. Also listing of fees & receipt Jun Term 1844 that fees were
paid. [Unsure if this is supposed to be part of estate - I think not.]
b. Administrator's Bond Cumberland Co - $5,000 on 3 Jun 1844; Calvin R Avrie [signed as C R Avery], administrator of estate
of Richd Avrie; other bondsmen Henry Averie [signed as Henry Avera] & William Blalock
c. Notice; C R Avery has qualified as administrator of estate of Richard Avera deceased at Jun Term Cumberland Co Court;
notifies all persons having claims to present them property.
d. Hugh Gilmore makes oath that he saw copy of the advertisement set up on courthouse door on 4 Jun 1844 & at Neill Stewarts
& at Flea Hill on 5 June.
e. Sale of property belonging to estate of Richard Avera decd by Calvin R Avery his administrator, 6 Aug 1844. Several pages.
Report dated 2 Sep 1844
f. Cumberland Co Court in Equity; petition of Calvin R Avera, James Adams & wife Elizabeth, Allen Avera, Bryan Avera, David
Avera, Archibald Adams & wife Winifred, and of Charlotte Avera, Richard Avera, Samuel R Burton, Julia A Burton, Calvin A
Burton, minors under the age of twenty one years by their next friend Calvin R Avera; are tenants in common of 630 acres of
land in Cumberland Co on Cape Fear River adjoining lands of Henry Avera, R Kenedy & others; also 250 acres of land on waters
of Little River adjoining lands of John C Williams & others known as the lands belonging to the late Richard Avery; lands
descended to petitions are his heirs at law subject to dowry of his widow Civil Ann allotted to her by decree of Cumberland
court. Wish lands divided into nine parts; small amount allotted would be of little value, but high prices of land on the
Cape Fear River due to advanced prices of timber in Wilmington Market would enable your petitioners to realize considerable
sum if land sold. [No Date]
g. Cumberland Court of Pleas & Quarter Sessions Sep Term 1844; Petition of Civil A Avera, widow of Richard Avera who died
intestate; had about 600 acres in Cumberland Co on waters of Cape Fear River joining lands of Kenedy, Henry Avera & others;
the land whereon he lived at time of death, also about 250 acres lying on the waters of Little River joining lands of Jno. C.
Williams & others, out of which your petitioner alleges she is entitled to her dower as husband made no provision for her in
his lifetime. Richard left surviving him as heirs at law Calvin R Avera, Elizabeth who has married James Adams, Allen Avera,
Bryan Avera, David Avera, Winifred who has married Archibald Adams, Charlotte Avera, Richard Avera and Samuel R Burton, Julia
A Barton, and Calvin A Burton [Burton may be Barton] children of Mary Barton decd who was one of the children of Richard Avera
decd. Requests guardian ad litem be appointed to Charlotte Avera, Richard Avera, Samuel R Burton, Julia A Burton and Calvin A
Burton, minors under 21. Requests advertisement to notify Allen Avera, Bryan Avera, David Avera & Archibald Adams & wife
Winifred who have moved beyond limits of this state.
h. Copy of above petition to be given the Sheriff of Wake Co to James Adams & wife Elizabeth; to be returned Dec court,
i. C R Avery acknowledges service of petition of Dower of Mrs. Civil Ann Avera 2 Sep 1844.
j. Service of widow's petition to Jas Adams 4 Nov 1844; Jas Edwards, Shff.
k. Sale of goods by C R Avery, signed 2 Dec 1844; mentions Civil Avera, Henry Avera
l. Additional Inventory dated 1 Nov 1844 by Calvin R Avery administrator.
m. Cumberland Co NC: Alexander Johnson Sheriff of county aforesaid, attended by following jury viz: John C Williams, John
Connolly, Bright Goodman, William L Williams, John McNeill, Daniel McNeill, James Colvin, Duncan B Colvin, Giles Ham, Philimon
Connolly, William B Ham & Alexander Walker, proceeded on 27 Feb 1845 in obedience to annexed writ to lay off and allot to Mrs
Civil Ann Avera her dower and third of the lands of Richard Avera decd. Description of boundaries. Signed by all named jury.
n. Calvin R Avera makes oath to true facts 5 May 1845 in court. Hugh Gilmore also makes oath that he is acquainted with the
lands & believes sale of land would be good. 8 May 1845. Archd A T Smith as Clerk & Master witnessed both oaths.
o. Cumberland Co NC order to the sheriff to take of the goods and chattels, lands and tenements of Civil Ann Avera $9.10 which
is due from her petition for dower; bring first Mon in Sep next; dated 22 Aug 1845. Also has handwritten listing of charges.
Receipt by Alexander Johnson, Sheriff, dated 25 Aug 1845.
p. Receipt 19 Nov 1846 - from Archd A T Smith Clerk & Master in Equity for Cumberland Co $151.68 in full of my share of the
net proceeds of sales of lands of Richard Avera. C. R. Avery.
q. Perry Co AL; David Avera, guardian to Richard Avera minor heir of late Richard Avera of Cumberland Co NC, both of county
& state aforesaid, appoint James Adams of Wake Co NC his true & lawful agent & attorney in fact to received all sums of money
due said ward Richard Avera from sale of real estate of said Aver decd. Missing day Nov 1847
r. Certification by Justice of the Peace for Perry Co AL that David Avery made said power of attorney. 5 Apr 1847
s. Receipt, Fayetteville 30 Nov 1847, from Archd A T Smith, Clerk & Master in Equity for Cumberland Co, $154.93, in full
payment of my share of sale of lands of Richard Avera. David Avery by his attorney James Adams. Also Power of Attorney
5 Apr 1847 from David Avery, Perry Co AL to James Adams of Wake Co to receive his share as heir of Richard Avery. Also
attesting to his signature from Perry Co AL 5 Apr 1847.
t. Receipt dated 24 Jan 1848; from A. A. T. Smith, C & M, $154.93; D K McNeill atty for J. L. McCulloch
u. Receipt - from A. A. T. Smith Clk Master Cumberland Co; $154.93 share due Elizabeth wife of James A Davis; heir of Richd Avery.
v. C R Avery administrator gives account of cash on hand, receipts paid, and disbursements; total cash $1654.52 1 Jun 1848
w. Noxubee Co MS; Jonathan Dew & Charlotte Dew his wife of county & state mentioned give Alvin Lawes of Wake Co NC power of
attorney to accept money due them from the Estate of Richard Avery deceased now in the hands of the Clerk & Master of Equity
of Cumberland Co NC. 18 Jun 1848. Also notary of his signature 20 Jun 1848.
x. Undated letter, sender & recipient illegible; he has taken the case of Avera to pay over the share due the minor heirs of
Burton as grandchildren of Richard Avera decd to the attorney of their guardian residing in AL; has power of attorney. James
Adams desires you to send him the money & blank receipt which he will sign & return. Adams is a very correct man. It will be
great accommodation to him if he does not have to come to Fayetteville again. His post office is Holly Springs, Wake Co, NC.
y. State of NC Wake Co; James Adams & wife Elizabeth Adams of Wake Co have appointed Jon L. McCulloch of Wake Co lawful attorney
to receive from the Clerk & Master of the Court of Equity of Cumberland Co all money due from sale of lands of Estate of Richard
Avera decd. 2 Feb 1847. Both signed. Notarized by T Nash, a lawyer of the Supreme Court of NC
z. Receipt Fayetteville - from Archd A T Smith Clerk & Master in Equity for Cumberland Co $151.68 in full of proceeds of the
share of Charlotte Dew formerly Charlotte Avera, sale of lands of Richard Avera. Johnathan Dew, Chalet Dew by their attorney
Alvin Jones. 6 Sep 1848.
aa. William A Johnson makes oath that he was well acquainted with Charlotte Avera daughter of Richard Avera deceased that she
was married to Jonathan Dew about 3 or 4 years ago & afterwards removed to the southwest. 7 Se 1848
bb. Receipt 17 Jan 1849 - from Archd A T Smith Clerk & Master in Equity for Cumberland Co $154.93, in full of my share of sales
of lands of Richard Avera. Bryant Avera, by his attorney S Rowland.
cc. Receipt 17 Jan 1849 - from Archd A T Smith Clerk & Master in Equity for Cumberland Co $154.93 in full for share of sales of
lands of Richard Avera; Arch'd Adams, Winifred Adams by their attorney S Rowland. On same page Sumter Co AL; Thomas B Wetmore,
Commissioner for the State of State of NC for the State of AL interviewed Archibald Adams & Winifred Adams his wife, determined
they acknowledged deed & power of attorney to sell land; 2 Nov 1848; mentioned Power of Attorney Archibald Adams & Winifred Adams
of Sumter Co AL to Samuel Rowland to receive any money or other property to come to the from estate of Richard Avery deceased of
Cumberland Co NC. 2 Nov 1848.
dd. Perry Co AL; Bond for $1200 by David Avery, Calvin R Avery & Richard Avery dated 8 Nov 1849; David Avery appointed guardian
of persons & estate of Samuel R Burton, Julian Burton & Calvin A Burton, minors under age of fourteen. They inherited from
grandfather Richard Avery decd. Letters of guardianship issued.
ee. Perry Co AL; power of attorney from Bryan Avery of said county & state to Samuel Rowland of Kemper Co MS to receive from Court
of Equity of Cumberland Co NC all due him from sale of real estate of Richard Avery deceased. 14 Dec 1848. Notarized
ff. Poor copy and poorly filmed; Perry Co AL; power of attorney to James Adams of Wake Co NC from David Avery, guardian of
Samuel R Burton, Julia Ann Burton & Calvin A Burton minor heirs of the late Richard Avery of Cumberland Co NC, to receive all due
from sale of estate. 8 Nov 1849
gg. Undated; unidentified court; Calvin R Avera et al ex parte; case coming to be heard is from petition report of Masters & people;
decree that the Clerk & Master pay to petitioners their respective shares after deducting costs.
hh. Undated; unidentified court; Anna & Others; petition for sale of real estate in equity. Appears to satisfaction of the court
that David Avera has been appointed guardian to Samuel R Burton, Julia A Burton & Calvin A Burton by court of Perry Co AL; said
minors reside out of state; orders Clerk & Master to pay over to David Avera or his attorney James Adams share due said minors
from sail of land.
7. Estate Sarah Avera - 3 pages - 1819
a. Administrator's Bond Cumberland Co - 100 pounds current money on 1 Mar 1819; James Brantley administrator of estate of Sarah
Avera; other bondsmen Israel Folsom & Neill Clark.
b. Inventory of goods & chattels of Sarah Avera dec'd; Teste: Richard Avera; James (his mark) Brantly, admr.
c. Account of sales of goods of Sarah Avera late of Cumberland Co Deceased by James Brantly admr, 20 Mar 1819. Sold to James
Brantly, Anna Brantly, Patsy Brantly. Test: Richard Avera. Total $71.91
8. Estate William Avera Sr - 51 pages - 1848
a. Administrator's Bond Cumberland Co - $4,800 on 4 Dec 1848; Lovit Royals [signed as Ryals] as administrator of estate of William
Avera Senr; other bondsmen Neill S Stewart, Young Ryals/Royals.
b. Receipt L Roils $4.47; cost of William Avera burial dated 23 Jan 1851
c. List of property sold 1 Feb 1849 estate of late William Avera; 5 pages; mentions Henry Avera, William Avera, Isaac Avera, Thomas
Avera, James C Draughan,
d. List of property sold 1 Jan 1849 estate of late William Avera; 8 pages.
e. Unknown paper; list of: Sarah, Peggy, Thomas, Jacob, Maria, Isaac; illegible but 1851 is clear. [hire of slaves?]
f. Receipt Lovet Ryals admr, 30 cents for searching records about William Averys lands - 3 Dec 1850.
g. Hire of Negroes 1850, estate of Wm Avera decd; recorded in Book D of Administrations, page 131. Conditions of hire. Sarah &
2 children Jacob & Isaac to Wiley T Rhodes, 25.30; Peggy to William Avear, 37.00; Mariah to William Ennis, 12.00; Tom to William
h. Hire of Negroes for one year to be returned 1 Jan 1850 [apparently for 1849]. Conditions of hire. Sarah Isaac & Jacob to
William Avera, 10.00; Peggy, same, 31.00; Mariah to William Ennis, 4.00; Tom to William Avera, 5.00; Harry for 7 days to William
i. List of articles sold at sale of William Averas [-- day] Jan 1849; 8 pages.
j. Report of hiring of slaves of estate of William Avera 1 Jan 1850. Slaves Sarah & 2 children to W T Rohodes $25.30; Peggy to
William Avera, $37.00; Mariah to William Ennis, $12.00; Thomas to William Avera, $12.00. Signed Lovit Ryals.
k. List of papers found at house of William Avera 27 Nov 1848 including notes due him. Three pages.
l. Receipt; William Avera Jr to Wm T Smith 10 Apr 1847 for 1 day of mines wagon; $3.25.
m. Sale of Negroes 1 Jan 1851; Sarah to James Draughon for $290; Peggy to Henry Avera for $501; Thomas to Lovet Ryals for $465;
Mariah to William Ennis for $510; Jacob to Henry Avera for $37.50; Isaac to William Avera for $371.
n. Receipt; Lovit Ryals adm William Avera decd paid to Cader Canaday $6 for four days crying property 30 Nov 1850
o. Receipt; Lovit [smeared but must be] Ryals administrator William Avera decd to Thomas Avera for making six pares of shoes
$2.40; sworn 25 Nov 1850; signed Thomas Avera. Test: Henry Avera.
p. Receipt; $2 from Lovit Ryals administrator of William Avera decd 30 Nov 185-; Thomas Avera
q. Receipt; from L Ryals administrator of Wm Avery decd to Jas A Johnson, Sheriff, $8.96 for taxes for 1848.
r. Promissory note; 1 day after date I promise to pay Warren Winslow or order $20 on demand with interest from date. 4 Dec
1848. Lovit [smeared]
s. Receipt; Isaac Avera bought items 14 Sep 1848 totaling $668.[says but should be $6.68]
t. Receipt; Lovet Rials administrator of Wm Avery Sr to Jas S Johnson, $8.70, in full for the said Avery's taxes for 1847;
4 Jun 1849.
u. List of hiring Negroes belonging to Wm Avera on 1 Jan 1849; Sara, Isaac & Jacot to William Avera, $10; Peggy to William
Avera, $31.00; Meriah to William Ennis, $4.00; Tom to William Avera, $5.00; Harry for 7 days to William Avera, $.30.
v. Receipt; A. J. Banks to William Averas tax in full for 1849; $.78 [or $78 or $7.8]
w. Receipt; William Avera Senr decd; to Bryant Barns for blacksmith work $4.20; the above sworn to this 29 Apr 1849; received
payment in full of Lovet Ryals administrator- signed Brient Barnes. [Henry Avera's name appears right after "full" and before
x. Administrators Sale - report at Dec Term 1848 of Cumberland Co Court; Lovett Royalls qualified as administrator of William
Avera Sen; all persons having claims against the said intestate notified to present them. Perishable prpert belonging to said
estate to be exposed to sale Mon, 1 Jan next, at the late residence of the deceased. 4 Dec 1848.
y. Lovet Royals to Roy Murphy for the hire of Bill for use of William Avera decd in getting up stock. Received payment in ful.
1 Jan 1848 $15.00
z. Office of Cumberland Co Court, 2 Oct 1848; at special court held; ordered special letters of administration be granted Lovit
Royal upon his entering bond for $1500 with Neill S Stewart & Young Ryal as securities. Also ordered that administrator have
leave to sell at public sale all cattle, hogs, sheep, & horses belonging to estate. Tho: N. Cameron, JP; William McMillan, JP;
Hector McNeill, JP; D J McAlister, JP.
aa. Special Administrator's Bond on 20 Oct 1848 for $1500; Lovit Royal [signed Lovit Ryals], administrator of estate of William
Avera Sr; bondsmen Neill S Stewart, Young Royals.
bb. List property sold at William Averas decd on 25 Oct 1848; sworn to in court 4 Dec 1848
Cumberland County Estate Settlements
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