Notice 22 Oct 1842
Highland Messenger Newspaper
Buncombe County NC deed index and images are online, from formation of Buncombe in 1792 up to about 1870 and recent deeds. Since Henderson County was formed from Buncombe in 1838, deeds for property currently in Henderson County but sold or purchased prior to 1838 will be located at the Buncombe County Register of Deeds . You may also find deeds registered in Rutherford County for land in present Henderson County.
Co-County Coordinator Ann Propst has provided a link to Family Search https://www.familysearch.org/search/collection/list State Probate (Wills and Estates). This site will have will and probate images by county. This is an on going process so visit often. Right now the Will Index and Will Books through Vol 5 are available for “browse” function only. This means that you can browse the index then go to the Volume but then you will have to browse through the images to find the correct page. Takes a little practice and patience. I believe these records are scheduled for indexing soon. This link will be added to the Henderson County links under Records > Wills and Estates
Thanks to the generosity of Janet Masters, the front page copy and transcription of the William Garren Family Bible is now under Records>Bible>William Garren . Somehow there are two pictures of the cover page but they are both the same and one will be taken down soon. We very much appreciate Janet sharing this important document with us. The transcription covers a period from 1666 to 1828 – from Germany to Buncombe Co NC.
I have added a section to the Henderson County home page. The lower half of the page will be called “Did You Know” and will give research hints. Today’s hints are “The missing 1000 names of the 1850 Henderson County Census” and “Where did Asheville go” in the 1920 Census.
I have added page 86 – 110 of deed book #1 to the deeds page. For the present time it will be located at the end of the “Deed Book #1” page, after the school district deed, and in order by page number, not alphabetically. In about 2 weeks I will incorporate these new transcriptions into the alphabetical list. This will allow you to just review the new ones without hunting through those you may have already seen. This is a slow process but I am determined to abstract all of book #1 eventually. There are over 300 pages so it might take a while.
We need contributions for this site. If you have a favorite site and would like to have a link on the Henderson County page please email it to me and I will enter it into the “Resources” page.
The full name index to “Abstract: Henderson County NC Estate Records 1838 – 1900” is available. Click “records” then “wills and estates” and then “index…”
|Partial documentation. More will be added.ESTATE OF JOHN JONES SR. 1859 DOCUMENT #1State of North CarolinaHenderson County In Equity
To the honorable the judge of said court. This bill of complaint of Joseph Stepp and wife Elizabeth Stepp, Thomas Jones, Robert Kilpatrick, Merrel Kilpatrick, William Kilpatrick, John Kilpatrick, Benjamin Kilpatrick, Ebenezer Kilpatrick, Benjamin Foster and wife Mary, Fanny Kilpatrick, Jane Kilpatrick, Elizabeth Kilpatrick, Nancy Kilpatrick, Marshall Prince and wife anne, Laura Kilpatrick, John Morris and wife Nancy, Martha Kilpatrick, Andrew Jones, William Jones, Hiram Jones, John King, J. U. King, Samuel King, Robert King, B. K. King, James Stepp and wife Leodicea, James Lanning and wife Leah, Jonathan Maxwell, Isaiah Laughter and wife Matilda, Dallas King a minor who sues by his next friend Hiram King, George W. Brown and wife Fanny, John Stepp and wife Elizabeth, Thomas King a minor who sues by his next friend Hiram King, John Jones, Thomas K. Jones, J. W. Jones, Eliza J. Jones and Sarah Ann Jones, minors who sue by their next friend Andrew Maxwell, Robert Jones, John Justice and wife Mary, Menil Kilpatrick, James Stepp and wife Anna, and John Brown and wife Mary
Sheweth unto your honor that John Jones Sr recently died in the County of Henderson seized and possessed of a tract of land bound as follows Viz: Beginning on a large pine on the west side of Blue Ridge in William Millers line, W 100 poles across Lyda’s branch passing a PO mark as a line 10 poles to a stake, N 110 poles to line W. O. E 100 poles to a stake then S 110 poles to the beginning. Another tract beginning at a SO in the said line of the above mentioned tract W 65 poles to a stake Davidson’s line N 98 poles to a PO Then East with said line 44 poles to a white oak his corner N 70 poles to a Red Oak E 180 poles to a chestnut oak 12 poles to a WO S 21 W 100 poles to a hickory grub and pointer, W 30 poles to a stake, N 74 poles to a stake West 100 poles S 146 to the beginning. One other tract of six and a quarter and joining the other two and granted to John Brown beginning on a with his line W 55 poles to a stake 118 poles to a stake E 55 poles to a stake and North to the beginning. Petitioners further show that they and the defendant Mary Brown are the heirs at law of said John Jones and as they are entitled to own undivided interest in said tract of land.
They further shew unto your honor that the said tracts of land are poor mountain land and that owning to the great number of the claimants the said tract which from each other and may be as a whole cannot be advanced without manifest injury to all parties concerned and that a sale of the same is absolutely necessary to meet the end of justice. In consideration of this premise may it please your honor to order the state writ of subpoena to be issued to the defendants commanding them to appear at the next session of this court on the first Monday after the fourth Monday in March and answer the said matters and things herein set forth and may it please your honor to order, adjudge, and sale of the premises above described upon such terms as to your honor may seem just and proper and grant such other relief as maybe necessary and proper and your petitioners will ever pray for.
State of North Carolina In Equity Spring Term 1861
To the Honorable the judge of the Court of Equity for Henderson County. The separate answer of John Brown and wife Mary to the Bill of complaint of Joseph Stepp and wife and others in this court against themselves, as to so much and such part thereof spoken is advised is material for them to answer reserving all manner of exception as to us that it is true John Jones late of Henderson County died intestate, leaving the plaintiffs and the defendant Mary his heir at law and it is believed true that he died seized of the legal title to the land mentioned in the plaintiffs petitions but not in possession of any part thereof. The fact is the defendant John Brown was seized and possessed of all the said land up to the fall of the year 1859 when he became embarrassed in his pecuniary matters and the said land was levied upon by the sheriff, with several executions and the intestate John Jones father-in-law of the defendant John (Brown) and father of the defendant Mary, being in easy circumstances and able to assist defendant, the defendant John (Brown) applied to him for assistance and the said intestate agreed to advance the sum of eight hundred dollars in payment of the debt of the defendant and take the said land as security therefore and let the defendant keep the possession and resident (of) the land where he got understanding the defendant John (Brown) conveyed all the said land to the said John Jones in fee simple and the said intestate advanced the said sum of eight hundred dollars as aforesaid. The defendant kept the possession of the land and have had possession ever since. That the said intestate died shortly after this transaction and the defendant John (Brown) has been as yet unable to return the said sum and interest and secure the said land. That although the said conveyance is absolute upon it fact it was intended by the parties to be but a security for repayment of said sum and interest and which fact it well known to many of the plaintiffs and several of them have agreed to surrender their interest in the said land to the defendant John (Brown). That in as much as the defendant John (Brown) is still unable to repay the said sum, so seemed, without a sale of said lands. The defendant submits to and thereof under an order of this court and insist that the proceeds there of be appropriated to the payment of the said debt and interest and that any balance of said proceeds of sale should be accrued be paid to the defendant John (Brown) and such other cost as may be evident to this proceeding. The defendant having answered prays to be dismissed.
S. B. Gaston, Sol for Dfnds
State of North Carolina
Henderson County John Brown swears that the matters of fact set forth is his answer as of his own knowledge are true and that not of his own knowledge he believes to be true.
DOCUMENT # 3
State of North Carolina Joseph Step and wife et al
Henderson County vs John Brown and wife
Report of Sale to Fall Term 1862
In obedience to an order of this honorable Court made at Fall Term 1862 and as directed for forty days I proceeded to sell at the Court House door in the town of Hendersonville the land in the pleading for and at which time and place John Brown became the purchaser his being the highest and last bid at the sum of one thousand and two dollars and has executed his with James S. Brown and Isaac Arledge as security payable twelve months after date with interest from day of sale which amount in the opinion of the Master is the full market value of said land and of which is respectfully submitted.
I can find you the equity records, no report of sale nor any notes on file on that date of sale. I also find:
1. By affixant of John Brown on file tract of land sale was made about 1862 and that John Brown became the purchaser at the same and gave his note to 6 months for $1002.00
2. That there were 8 shares in the estate
3. That John Brown and wife Polly were entitled to 1/8 $125.25
4. That I believe & exhibites to interest 473.63
That by report May 20, 1863 300.00
That by report July 18, 1864 211.00
What ___ does not appear $411.00
State of North Carolina Henderson County
Heirs of John Jones Exparte. John Brown make oath before me that real estate of John Jones was sold by C.M. of Henderson County about or during the year 1862. That at said sale he became the last and highest bidder at the sum of $1002.00 for which amount he gave his note to CME. Sworn to rememberance before me this 6 March 1873 CM Pace John Brown (his mark)
Final as follows:
Real Estate sold 1003.00
There were 8 original heirs, each entitled to $125.35
Robert Jones 125.35
Joseph Stepp & wife 125.35
Thomas Jones 125.35
John Brown 125.35
Isiah Latter and wife 1 /4 of 1/8 8.75
S. M. King and wife 1 /4 of 1/8 8.75
G. W. Brown and wife 1 /4 of 1/8 8.75
B. K. King 1 /4 of 1/8 8.75
Joseph U. King 1 /4 of 1/8 8.75
Robert J. King 1/ 4 of 1/8 8.75
A. W. Kilpatrick 1/ 4 of 1/8 10.42
J. W. Lanning & wife 1 /4 of 1/8 8.75
King 1/ 4 of 1/8 8.75
J. ? & wife 1 /4 of 1/8 8.75
John Brown exhibits $598.92
Receipt of CME 20 May 1863 300.00
Receipt of CME 13 July 1864 211.00
Brown entitled to 1/8 being the interest of Robert Jones conveyed to Joseph S. Brown by Joseph S. Brown to defendant John Brown
Brown and wife interest to 1/8
Conveyed to Joseph S. Brown & by Joseph S. Brown
Conveyed to defendant John Brown 1/8
Brown entitled to James Stepp and wife Fanny = 1/8
Brown entitled to John Jusstice & wife Polly + 1 /4 of 1/8
Brown entitled to N. M. Kilpatrick 1/12 of 1/8
Brown entitled to Joseph U. King 1/14 of 1/8
Brown entitled to B. K. King 1/14 of 1/8
Brown entitled to R. J. King 1/14 of 1/8
Brown entitled to J. J. King 1/14 of 1/8
Brown entitled to G. W. Brown and wife Fanny 1/14 of 1/8
Brown entitled to Isaiah Laughter 1/14 of 1/8
Brown entitled to Samuel King 1/14 of 1/8
Brown entitled to J. W. Lanning & wife Leah 1/14 of 1/8