Probably the First US Legal Decision Nullifying a Law Because it was UnconstitutionalProbably the First US Legal Decision Nullifying a Law Because it was Unconstitutional: Bayard vs. Singleton. During the American Revolution the government confiscated the land of Loyalists in order to raise money for the war against Great Britain. The seizures of lands were from persons who refused to swear an oath of allegiance to North Carolina, instead maintaining their loyalty to Great Britain. Samuel Cornell, a Loyalist born in America, lost his land when it was confiscated by North Carolina. Later on, the property was purchased by Spyres Singleton. In 1786, the daughter of Cornell, Elizabeth Cornell Bayard, to whom Cornell has willed the property, sued Singleton for that portion of the property of her father which had been bequeathed to her. The attorneys representing Singleton cited a law passed by the North Carolina Legislature in 1785 which stated that those who held land purchased under the North Carolina Confiscation Acts of 1777 and 1779 could not be sued for the return of their land. The State Court, which was composed of Judges Samuel Ashe, Samuel Spencer and John Williams, citing the State Constitution, declared that the 1785 Act was unconstitutional and those whose property had been seized were entitled to a trial by jury. The case went to trial and the final ruling was that Singleton was able to keep the land based upon the State Confiscation Acts. Nevertheless, the significance of an actual case resulting from the court overruling an established Act of the Legislature served as an example of the system of checks and balances vital to the new American democracy. Bayard vs. Singleton set a precedent for judicial review, as applied by the U. S. Supreme Court in the 1803 case of Marbury vs. Madison. Source: Efforts to Preserve the British Empire by James Iredell, NCHR 49 (1972).
Frederick Jones was first a resident of Jamestown, VirginiaThe excavations into the Tuttle's Neck in Jamestown reveal that Frederick Jones was first a resident of Jamestown, Virginia. Apparently he removed into North Carolina where he was residing in 1711 when Jones and others appealed to Governor Spotswood of Virginia for help against the Indians. Later that year his name was written in an address to Spotswood concerning the rebellion of Colonel Cary. A year later he applied to a council meeting for the return of salt carried from his house ostensibly for "Supporting ye Garrisons. " In July 1712 Jones acquired an additional 490 acres in North Carolina. In 1717, Frederick Jones replaced the previous Secretary and Chief Justice, Tobias Knight, who had resigned in disgrace. The latter had made the mistake of being too open of an accomplice of Edward Teach "Blackbeard", the pirate. It appears that Governor Eden was fully aware that the pirate made his winter quarters in a North Carolina inlet. Teach was finally captured on November 22, 1718 during the famous exploit of Lieutenant Maynard off Ocracoke Inlet. Although there is no evidence that Jones profited from the operations of Blackbeard, the records show that he was quite prepared to turn the trust of his office to his own advantage. In the end it was a comparatively small manipulation that proved his undoing. In 1721 whene Daniel Mack Daniel murdered (by drowning) and Ebenezer Taylor carried off his goods and money to a total of 290 pounds. When Mack Daniel was apprehended the money was passed for safekeeping to Frederick Jones, who apparently pocketed it. On April 4, 1722, the following entry appeared in the Colonial Records of North Carolina:" It is the Opinion of this Board that the money lodged in the said Collo ffredk Jones hands late Cheif Justice for the appearance of Robert Atkins and Daniel Mackdaniel at the Genl Court ought to have been deliverd to the present Cheif Justice with the Genl Court Papers & Records. Ordered that the said Collo ffredrick Jones late Cheif Justice doe immediately pay to Christopher Gale Chief Justice or his Order whatever moneys he has in his hands lodged as aforesaid; in case of failure hereof the Attorney Genl is hereby Orderd to take proper measures for the recovery thereof." At the session of July 31 to August 4, 1722, Jones was due to appear to answer the charge that he had failed to relinquish the money. But when the session opened, it was reported that Colonel Jones was dead, having made his will only five days after the initial order of April 4th had been issued. Frederick Jones was in many respects a worthy and upright member of the North Carolina Council, or so one would gather from the opinion of Hugh Jones (no relation), who wrote: "Col. Frederick Jones, one of the Council, and in a good post, and of a good estate in North Carolina, before his death applied to me, desiring me to communicate the deplorable state of their Church to the late Bishop of London." Frederick Jones presumably thought no better of the state of education in the colony, for we know that in the period 1719-1721 two of his sons were at school in Williamsburg. Sources: Colonial Records of North Carolina, vol. 1, p. 680.
Wake County Wills, Estates, GuardianshipsWake County was formed in 1771 from parts of Cumberland, Johnston and Orange Counties. The first court house was built at a village originally called Wake Courthouse, now known as Bloomsbury. In 1771, the first elections and court were held, and the first militia units were organized. Later on, in 1787 parts of Wake County were included in Franklin County, and in 1881, part went to Durham County. The county was named after Margaret Wake, the wife of colonial Governor William Tryon. Raleigh was established in 1791 on 1,000 acres of land and was named after Sir Walter Raleigh. During the colonial period, the State capitol was located in New Bern. Later, Raleigh became the capitol. The Battle at Morrisville Station was fought on April 13 to 15, 1865 in Morrisville, North Carolina during the War Between the States. It was the last official battle between the armies of Major General William T. Sherman and General Joseph E. Johnston. General Judson Kilpatrick, commanding officer of the Union cavalry advance, compelled Confederate forces under the command of Generals Wade Hampton III and Joseph Wheeler to withdraw in haste. They had been frantically trying to transport their remaining supplies and wounded by rail westward toward the final Confederate encampment in Greensboro, North Carolina. Kilpatrick used artillery on the heights overlooking Morrisville Station and cavalry charges to push the Confederates out of the small village leaving many needed supplies behind. However, the trains were able to withdraw with wounded from the Battle of Bentonville and the Battle of Averasboro. Later, General Johnston sent a courier to the Federal encampments at Morrisville with a message for Major General Sherman requesting a conference to discuss an armistice. Several days later the two generals met at Bennett Place near Durham on April 17, 1865 to begin discussing the terms of what would become the largest surrender of the war.
Wake County North Carolina Probate records available to members of North Carolina Pioneers
Indexes to Probate Records
- Wills, Estates, Bonds, Guardianships 1788 to 1794
- Wills, Estates, Bonds, Guardianships 1771 to 1792
Images of Wake County Wills, Estates, Guardianships 1771 to 1782Testators: Abbot, William, estate ;Alford, James, estate ;Allen, Young ;Alston, Hines, bond ;Atkins, John Jr. ;Aycock, Richard ;Babb, William ;Barbee, Christopher ;Barbee, Micajah, estate ;Barker, Joel ;Bass, Charles, petition ;Beddingfield, William ;Bell orphans ;Bell, Robert ;Belvins, Robert, estate ;Bird, Edmund ;Bird, Joab ;Blake, Benjamin, estate ;Blake, Joseph, estate ;Blake, John, estate ;Bohannon, Robert ;Bunch, Paul ;Cannon, John ;Cardin, William, estate ;Carter, George, apprentice ;Chaves, Paul, free negro, apprentice ;Cheves, Thomas Sr. ;Childers, James, prisoner ;Colbert, Nicholas, estate ;Conner, Terrence, orphan ;Dempster, John ;Dempster, John, bond ;Duck, Timothy of the Militia ;Dunn, John ;Earp, Edward ;Ferrells, Thomas, estate ;Flynt, David ;Griffin, Hardy, apprentice ;Guffey, John, estate ;Hall, John ;Hardy, Benjamin ;Harrell, Jesse, poor child ;Harriss, Daniel ;Harves, John ;High, John ;High, Michael, estate ;High, Likey and Moses Sugg, deed ;Hill, Sion ;Hines, Thomas, sheriff bond ;Hood, Thomas ;Joiner, Moses ;Jones, James ;Jones, Thomas ;Jones, Willis ;Kennedy, Francis ;Kimbrough, Nathaniel ;Lane, Barnabas, estate ;Lane, Joel ;Lankford, Benjamin, estate ;Lingo, Levin ;Louis, Arthur, base-born child ;Martin, Gibson ;Martin, James ;Mays, John ;McGuffey, John ;Mickleroy, Catherine, estate ;Mobley, Edward ;Mobley, William, estate ;Monk, Elizabeth ;Monk, Willis ;Monk, Willis, estate ;Moore, William ;Oliver, Ailcey ;Oliver, James, apprentice ;Orr, John ;Orr, Robert ;Pool, George ;Rand, John ;Reach, Jeremiah ;Rice, Joseph, orphan ;Rigsby, James, deed ;Rogers, Job ;Rogers, John ;Rogers, Michael, estate ;Runnells, Sherard ;Simmons, Willis ;Skinner, John, estate ;Slimmon, George ;Speight, Abigail ;Speight, William ;Streater, John, orphan ;Strickland, Sampson ;Tate, James ;Tate, orphan ;Taylor, Roland, estate ;Tedder, Solomon, apprentice ;Thomas, Francis, estate ;Townly, Elizabeth, bond ;Tucker, Edward ;Turner, Simon ;Wiggins, David ;Woodard, John ;Wootten, Thomas, sheriff
Images of Wake County Wills, Estates, Guardianships 1788 to 1794Testators: Atkins, John; Ball, Thomas, estate; Barns, homas; Bird, orphans of Edmund; Black, Josiah; Bledsoe, Aaron, estate; Bradley, Dennis; Brasfield, John; Bugg, Celia, apprentice; Butler, James; Carloss, John, estate; Cole, Henry; Collins, Andrew; Collins, Dennis; Collins, Margaret, estate; Cumming, William, estate; Daniel, Woodson; Davis, Humphrey; Davis, Joseph; Dawson, Isaac; Dobey, John, petition of insolvency; Dodd, Thomas, estate; Earp, Cullen Ballinger, orphan; Earp, Edmund, estate; Earp, Emmanuel, estate; Ellis, Alsey, apprentice ; Ellis, Griffin ; Ellis, John, apprentice; Fallow, James, estate ; Ferrell, Rebecca, estate ; Field, Mary, estate; Flint orphans; Flynt, Langford, estate; Gates, Robert; Geer, Martha; Gill, David; Goodwin, John; Green, Edward; Green, William; Hamilton, William; Harrard, William, apprentice; Harriss, John, petition; Harris, Mary, orphans of, apprenticed; Hartsfield, Richard power of attorney to Andrew Hartsfield; Hays, Gilbert, estate; Hendon, James; Hendrick, William; Hendry, Reuben, apprentice; High, Amelia; Hill, Isaac; Hillsman, James, estate ; Hinton, John Sr.; Horton, David ; Hunter, Jesse; Hutchins, Jno Sr.; Joiner, Moses, estate ; Jones, Albridgton; Jones, James, deed ; Jordan, George, estate ; Jordan, James ; Kennedy, Francis, estate; Kimbrough, Nathaniel, estate; King, Drury ; Lee, Ludwell, apprentice; Lett, John, apprentice ; Little, William, estate; Major, William; Mann, John, estate; Martin, Paul, petition of insolvency; Massey, John release to Henry Warren; McCollister, Garland ; Mills, Bethiah; Mobley, Mordecai; Nutt, Robert, estate ; Nutt, Robert ; Peebles, John; Pendey, Aaron Read ; Pope, Barnaby, estate; Pope, Burwell, apprentice; Pope, Joab, apprentice ; Previtt William; Proctor, Reuben to David Lowry ; Reeves, William, apprentice ; Rench, John; Rench, Joseph, estate; Revil, Barbara, apprentice ; Ridley, Elizabeth, petition for dower ; Ridley, William, estate; Rogers, Ephraim, apprentice; Sawyer, Joseph, estate ; Simmons, Dianah; Simms, Isham ; Spain, Joshua, estate; Stogdell, Mary, orphan ; Stogden, John, apprentice; Strait, David ; Strickland, Lot ; Strickland, Sampson, estate; Tate, James, estate; Thomas, John Giles; Tipp, James, estate; Tipper, James, estate ; Tucker, Daniel; Tucker, Elizabeth, orphan ; Weaver, Alexander, apprentice; Weaver, Edey; Weaver, Zadock; Wilson, Anne, apprentice; Woodward, Christopher ; Worldrope, James, estate; Wright, John, ; Yarbrough, John