Heirs of Mary Gaskins Gaskins Barrington
I found this deed while glancing through the Grantor/Grantee Indexes:
This Indenture made and executed on this __ day of _______ A.D. One thousand eight hundred and forty nine by and between John and James Gaskins, Mary and Elizabeth Rowe, Hannah Everington, Hatsy Fulshire, and Penelope Toler of the County of of State of North Carolina of the one part and James Averitt of the aforesaid County and State of the other part, Witnesseth that the said John and James Gaskins, Mary and Elizabeth Rowe, Hannah Everington Hatsy Fulshire and Penelope Toler for and in consideration of the sum of Thirty five dollars to them in hand paid by the said James Averitt the receipt whereof is hereby acknowledged hath granted bargained and sold and by these presents doth grant bargain and sell to the said James Averitt his heirs and assigns all of theirs the said John and James Gaskins, Mary and Elizabeth Rowe, Hannah Everington, Hatsy Fulshire and Penelope Toler right title and interest in and to one half of a certain tract of land lying in aforesaid County and State on the North side of Neuse river and East side of Great swamp and adjoining the lands of Enoch Averitt, Thomas Ewell and others consisting of three patents two granted to Harman Gaskins one dated April 27th 1791 the other dated September 13 1787 on granted to William Beesley dated September 26 1753. To have and to hold the aforesaid undivided interest in said land and premises to him the said James Averitt his heirs and assigns forever free and discharged from all incumbrances whatever, the parties of first do covenant to and with the said James Averitt that they have before the execution of these presents full right and absolute lawful authority to sell and convey the aforesaid bargained premises to the said James Averitt his heirs and assigns forever and do agree to warrant and defend the same to the said James Averitt his heirs and assigns forever, from the lawful claims of all persons whatever. In witness whereof the parties of the first part do hereunto set their hand and seal day and date first above written
John S. Gaskins
James G. Gaskins
James G. Gaskins for Enoch Gaskins
James G. Gaskins for Robert Gaskins
Hannah Everington
Hatsy Fulshire
Willis Rowe
Wm. Toler
Mary Rowe
Penelope Toler
Craven County Deed Book 60, p. 20
When the document was proven in Court, Frederick P. Latham was appointed to examine Mary, wife of Willis Rowe, and Penelope, wife of William Toler, to ascertain that they were selling this property of their own free will (p. 21). I’ll admit to being confused. I thought Willis Rowe married Elizabeth Barrington.
And, although, Elizabeth Rowe is one of the parties listed in the transaction, she is not a signatory. Despite the Church of England’s stance on the matter, even in colonial times, marriage between a widower and one of his late wife’s sisters was quite common. But, if that is what happened here, then why is Elizabeth still listed?
Heirs of James Gaskins (d. 1812)
Mary Gaskins Barrington was married twice. First, to James Gaskins, son of William, 9 Dec 1797. James died in 1812 and William in 1814. James’s will, dated 24 Jul 1812, left everything to his wife during her natural life or widowhood. At her death or remarriage it was to be divided equally amongst herself and the children. His land was to be divided among the children at her death. He named Mary his Executrix along with her brother, Adam (see below).
William’s will, written 28 Jan 1814, says
I Give and bequeath to my Grand Children Enoch Gaskin, John Gaskin, Hannah Hatsey Robert & James Grand Children of my Son Jas. Gaskins decd. Negro woman Fanny and a negro Boy Bill her Son
Also, the residue of the Estate was to be sold and the proceeds divided amongst his children after the funeral was paid for, including “James Gaskin Six Children.”
Adam Gaskins was appointed the children’s guardian 15 Mar 1814. His securities for the bond were Thomas Gaskins and Hezekiah Willis (James’s brother and brother-in-law). Hannah, aged 11, was bound out to James Ipock, Sr. as a spinster 13 Jun 1814 and John, 14, was bound to Daniel Gaskins as a shoemaker 13 Jun 1815. Guardian accounts are filed through 1819 with Adam as their guardian, then, it seems, Enoch was old enouch to take over. A settlement of the accounts of Enoch Gaskins as guardian to Robert was filed 12 May 1829 and he renewed his bond as guardian of Robert and James 10 May 1830. Shadrack Gatlin and Nathan Witherington were sureties.
Nathan Barrington (d. 1845)
Her second marriage was to Nathan Barrington 1 Apr 1815. I find it interesting that this marriage did not take place until after her father-in-law’s death. She and Nathan had either two or three daughters: Elizabeth, Mary (?), and Penelope. Nathan remarried in 1830, to Sarah West.
Heirs of Harmon Gaskins (d. 1826)
There is a second deed on p. 21, wherein Lewis Heath sells Averitt the second half share in these lands. He acquired this from Bryan Heath 10 Oct 1842 (Craven County Deed Book 55, p. 516). This transaction provides an exception “for the natural life of Nathan Barrington.” Barrington died in Sep 1845. How it came into Bryan’s possession, I’m not yet certain. I know from estate records that this half share went to Mary’s sister, Nancy Gaskins, in the partition of their father’s real property. During the Feb 1827 term of the county Court of Pleas & Quarter Sessions, Nancy Gaskins and Mary Barrington petitioned the Court for shares in the real property of “Armond” Gaskins:
To the worshipful the Justices of the court of pleas & quarter sessions of the County of Craven
The petition of Nancy Gaskins and Nathan Barrington & Mary his wife respectfully sheweth unto your worships that on the __ day of ___ Armond Gaskins of the county of Craven died intestate seized in fee simple of three tracts of land in Craven county, situate on Neuse river, about fifteen miles from Newbern & adjoining the lands of Spicer Lane & of the heirs of Thomas Brown, viz one tract of eighty acres, another of one hundred acres & a third tract of twenty acres more or less, & leaving him surviving your petitioners Nancy Gaskins & Mary Barrington, & Adam, Daniel, Jesse & Silas Gaskins, all his children & heirs at law, and thereupon the aforesaid lands descended upon said children as tenants in common.
Your petitions further shew unto your worships that the aforesaid Adam, Daniel Jesse & Silas Gaskins did every of them receive gifts or advancements in land from their father Armond Gaskins, during the life of their said father, and that your petitioners have never received any advancements or gifts of land from their father.
Your petitioners are desirous that partition of the aforesaid lands should be made & their shares thereof allotted them in severalty, they therefore pray that your worships will in pursuance of the acts of the general assembly in such case make & provided appoint five commissioners to make said partition & allotment.
and your petitioners further pray that your worships will issue the process of your worshipful court, commanding the aforesaid Adam, Daniel, Jesse & Silas Gaskins to be & appear before the commissioners, that your worships may appoint in compliance with the prayer of your petitioners,
and to bring into Hotchpot or common with the lands above described all the lands which they have received by gift or advancement from their father at any time whatsoever, or otherwise to be forever barred of all claim right title interest or demand whatever in to or out of the above described lands or any or any part thereof….
Jesse Pearce, John Reel, James Askins, Shadrack Gatlin and Norman Willis were appointed commissioners and were ordered to meet before the next term, which was in May. So, either Bryan Heath married Nancy Gaskins at some point, he father did, or he purchased it from her heirs. Nancy Gaskins sold her inheritance to Nathan Barrington for $100 20 Mar 1827 (Craven County Deed Book 45, p. 305).
Documents |
Craven County Deed Book 60, Page: 20, 21, 22 |