Ervin Family Data & Will
Pictures
Captain Bryant Southerland
[NI09965] BIRTH-DEATH-MARRIAGE DATA: PAF GEDCOM; 1992; W. D. Herring
1.(The Commonwealth of Onslow. A History. By Joseph Parsons Brown. Owen G. Dunn Co., New Bern NC. Page 92-93
Captain Bryant Southerland. “Where Mr Southerland lived prior to his marriage to Amanda Ervin is unknown to this writer. Miss Evvin was the daughter of the late Abner Ervin and sister to the later John A Ervin. After marriage, the Southerlands lived in Richlands, where they resided at the outbreak of the Civil War.
War Department records show that he entered the service December 28, 1861, ag 30. Promoted to 1st Lieutenant May 15, 1862, and to Captain about April 1864. Clarks Regimental History says he succeeded Captain E. W. Ward on November 30, 1863, which is probably correct, as no exact date is mentioned in the official record.
The duty of the 41st Regiment, of which Company B was a part, was to patrol t area in Eastern North Carolina. Being always on the move, little record was kept.
In April 1864, the 41st was ordered to report to General Lee around Richmond Soon after, at Hanover Court House, Virginia, Captain Southerland was captured. An inspection report dated January 1865, shows him a prisoner of war Jacksonville, North Carolina. No later record has been found. However, if he survived the war his wife or her family never knew it. He never came back. One daughter survived him. She is reported to have married a Middleton and resided in Goldsboro.
ONSLOW COUNTY, NC – WILL BOOK 2 – Edward Ervin, 17 Feb 1852
EDWARD ERVIN WILL
State of North Carolina
County of Onslow
Will Book 2
I, Edward Ervin, of the County of Onslow and State of North Carolina, being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare this my last will and testament, in manner and form following, that is to say. First, that my executor (hereinafter named) shall provide for my body a decent burial suitable to the wishes of my relations and friends, and pay all funeral expences, together with my just debts, howsoever, and to whom so ever owing out of the moneys that may first come into his hands as a part or parcel of my estate.
ITEM, I give and devise to my son Abner Ervin all that tract of land whereon I now live, lying on the east side of Cox’s swamp, – also one other tract of land adjoining the lands of Joseph Brock and Luke Jarman, containing one hundred acres (more or less) to have and to hold to him, and his heirs forever, in fee simple.
ITEM – I give and devise to my daughter Huldah, wife of John Jarman, one half of the tract of land which I bought of Harvy Cox, Esq., to be set out by metes and bounds in the north side of said land, adjoining the lands of Durant Cox, the dividing line to commence at Mill Swamp and run through the plantation and woodland to the back line, to have and to hold, to her and her heirs in fee simple forever.
ITEM – I give and devise to my daughter Susan Cox one half of that tract of land which I bought of Harvy Cox, Esq., to be set out by metes and bounds in the southern side of said lands adjoining the lands of Charles Cox, also I give and devise to the said Susan Cox all that tract or parcel of land lying on the west side of Cox’s swamp, adjoining the lands of Joseph Brock, and the heirs of Richard Basden containing seventy acres (more or less) to have and to hold, to her and her heirs in fee simple forever.
ITEM I give and devise to my daughter Huldah, wife of John Jarman and [MY OTHER] daughter Susan Cox, wife of the late Lott Cox, decd., one other tract of land bought of Harvy Cox, Esq., containing sixty acres more or less to be equally divided between them share and share alike, to have and to hold, to them and their heirs in fee simple forever, being the entire balance of my real estate or lands not set forth in former items of this my will.
ITEM – I loan to my daughter Rachel, wife of Bright Davis, my negro girl Dilsa and boy Peter, for and during the term of her natural life; and then I will and bequeath said negro girl Dilsa and her increase (if any), and said boy Peter, to the children of the said Rachel that may survive their mother, to be equally divided between them, share and share alike, to them and each and every one of them absolutely forever.
ITEM – I give and bequeath to my daughter Huldah, wife of John Jarman, my negro girl Rhoda, and my negro boy John together with the increase of the negro girl Rhoda, to her and her heirs forever.
ITEM – I give and bequeath to my daughter Susan Cox (widow of the late Lott Cox) my negro man Sam, to her and her personal representative, absolutely forever.
ITEM – I give and bequeath to my daughter Mary, wife of Redden Mashborne, my negro woman Hester and her child Betsey together with her future increase, to her and her heirs absolutely forever.
ITEM, I loan to my grand daughter Mary Gurganus, wife of Solomon Gurganus, my negro boy George and negro girl Clara together with her increase for and during the term of her natural life, and then I will and bequeath said negro boy George and give Clara with her future increase to the children of the said Mary, that may survive their mother to be equally divided between them, share and share alike to them and each and every one of them absolutely forever.
ITEM I give and bequeath to my daughter Susan Cox (wife of the late Lott Cox) one grey mare, known as the old mare, to have and to hold to her absolutely forever.
ITEM I give and bequeath to my grand son Starkey Cox one horse, his choice out of my stock of horses, to him and his heirs and assigns forever.
ITEM I give and bequeath to my grand son Edward Cox one horse, his choice out of my stock of horses not otherwise disposed of in this my will, to him and his heirs and assigns absolutely forever.
ITEM I give and bequeath to my son Abner Ervin all my stock of horses not otherwise disposed of in this my will, to him and his heirs and assigns forever.
ITEM I give and bequeath to my daughter Susan Cox (wife of the late Lott Cox) all of my stock of sheep & cattle, to her to have and to hold absolutely forever.
ITEM I give and bequeath to my son Abner Ervin and daughter Susan (wife of the late Lott Cox) all of my stock of bees, to be equally divided between them, share and share alike, to them and each of them, their heirs and assigns forever.
ITEM – I give and bequeath to my daughter Susan Cox, (wife of the late Lott Cox) all of the household and kitchen furniture, not otherwise disposed of in this my will, to her and her heirs absolutely forever.
ITEM I give and bequeath to my daughter Susan Cox and grandsons Starkey Cox and Edward Cox all the provisions of every discription that may be on hand at the time of my death, also all of my crop of every description to be divided between them in equal proportions, share and share alike to them, and each of them, their heirs, executors, administrators and assigns absolutely forever.
ITEM I give and bequeath to my daughter Susan Cox three beds and furniture she now claims and are marked with the initials of her name, also one cart and gear, called the light cart, also one flock of geese, to her and her personal representative absolutely forever.
ITEM I give and bequeath to my daughter Huldah (wife of John Jarman) one bed and furniture, to her and her heirs and assigns absolutely forever.
ITEM I give and bequeath to my son William Ervin the sum of four hundred dollars to be paid to him by my executor within two years from the time of my death out of any moneys belonging to my estate not otherwise disposed of, which sum together with sundry advancements heretofore made to him by me will make him a fair and equitable portion of my estate, to him and his heirs forever.
ITEM I will and bequeath that my negro woman Sarah together with her increase if any and all other property not otherwise disposed of in this my will, after my death be sold and two hundred dollars of the proceeds be paid by my executor to my daughter Rachel, wife of Bright Davis, out of the balance pay my debts according to the directions of the first clause of this will, and the remainder if any, I give and bequeath to my son William Ervin. And lastly, I do hereby constitute and appoint my son Abner Ervin my lawful executor to all interest and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. In witness whereof I the said Edward Ervin do hereunto set my hand and seal this the 17th day of February AD 1852.
(signed) Edward Ervin
Signed sealed published and declared by the said Edward Ervin, to be his last will and testament, in the presence of us who at his request and in his presence do subscribe our names as witnesses.
Harvy Cox
Uzza Mills
State of North Carolina}
Onslow County}
Court of Pleas & Quarter Sessions September Term 1852
Then was the foregoing paper writing purporting to be the last will and testament of Edward Ervin, decd., offered for probate in open court, and was duly admitted to the same upon the oaths of Harvy Cox and Uzza Mills, the subscribing witnesses hereto, and the same being considered by the court to be the last will and testament of Edward Ervin, decd., it was ordered by the said court that said paper writing be recorded as the last will and testament of said Edward Ervin, decd., and filed as such last will & testament, whereupon Abner Ervin the Executor therein named appeared in open court and was duly qualified as executor aforesaid, when it was further ordered that letters testamentary be granted him. Jasper Etheridge, clk