This page is devoted to Persons of Color of Surry Co.,NC. If you have any person of color from Surry County, NC, we will be glad to add your information. Please contact Judy S. Cardwell
Judy S. Cardwell, 330-D Vista Circle, Winston Salem, NC 27106
Sam Banner – John Banner moved to Surry from Stokes prior to the civil war.
12 September 1823 – Stokes County,NC – Deed Book #8, page 117
” Know all men by these presents that we JOSEPH BANNER SR. & JOSEPH V. GREGG of the County of Stokes & State of North Carolina for and in the consideration of the sum of Two hundred & seventy five Dollars to us in hand paid by JOHN BANNER of the County of Stokes aforesaid the receipt whereof is hereby acknowledged have given bargained & sold and by these presents do give bargain & sell unto the said JOHN BANNER a certain Negro boy slave name SAM, about eight years of Age in August last to have and to hold to him the said JOHN BANNER. This Executors & adminstrators forever and we do hereby warrant & defend and will forever warrant and defend the titleto the said negro SAM against ourselves our executors administrators and against the title or claim of any one claiming from under us and against the title or claim of everyone whatsoever. We do covenant & bind ourselves that we are fully entitled ot all the right title & interest in the said Negro boy SAM. In witness whereof we do hereby set our hands & seals this 12th day of September 1823. Joseph Banner,Sr. SEAL
Jo. V. Gregg SEAL”
“Signed, Sealed & delivered in presence of us C. L. Banner
Stokes County September Term 1823 The execution of the within Bill of Sale from JOSEPH BANNER and Jo.V. GREGG was proven in open court by CONSTANTINE L. BANNER and ordered to be registered and Recorded.
Matt R. Moore, C. C.
By Wm. H. Lyon,D. C. ”
Seadlow[Ledlow] Banner – John Banner moved to Surry from Stokes prior to the civil war.
24 Jan 1826 – Stokes Co.,NC – Deed Book #8, page 436
“Know all men by these presents that I TANDY HOLLINGSWORTH of the
County and State aforesaid for and in consideration of the sum of three hundred and fifteen dollars to me in hand paid by JOHN BANNER of the county and State aforesaid the receipt whereof I do hereby acknowledge and do by these presents give grant bargain and sell unto the said JOHN BANNER a certain negro boy by the name of SEADLOW to him the said JOHN BANNER his heirs executors adminstrators or assigns forever and I the said TANDY HOLLINGSWORTH do hereby covenant and will forever defend the right of the said Negro boy SEADLOW against myself my heirs &c and against the lawfull claim or claims of all and every person or persons whatsoever. In witness whereof I have hereunto set my hand and seal this 24th day of January 1826. Signed Sealed & delivered in the presence of C. Stanly. Tandy Hollingsworth SEAL
Stokes County March Sessions 1826 The execution of the within bill of sale was duly proven in open court by the oath of C. Stanley and ordered to be registered.
Matt R. Moore, C. C.
by Th. J. Word, D. C.”
16 Mar 1827 – Stokes Co.,NC – Deed Book #9, page 23
“Know all men by these presents that I JOSEPH BANNER, SENR. for and in consideration of the sum of one hundred dollars to me in hand paid by JOHN BANNER of the County and State aforesaid the receipt whereof is hereby fully acknowledged hath given granted bargained and sold and do by these presents give grant bargain and sell unto the said JOHN BANNER his heirs and assigns a certain negro girl by the name of Fratry [Franky] at the age of fourteen or thereabouts to have and to hold the aforesaid negro girl Frantry [Frankey] to him the said JOHN BANNER his heirs executors administrators or assigns to warrant and defend the title of said negro Fratry [Frankey] to the said JOHN BANNER his heirs and assigns forever against the lawful claim or claims of all and every person or persons whatsoever. It witness whereof I the said JOSEPH BANNER SENR. hereunto set my hand and seal this 16th day of March AD 1827. Signed Sealed and Delivered in presence of PHILLIP KISER Joseph Banner,Senr. SEAL
Stokes County March Term 1827 The execution of the within bill of sale was duly proven in Open Court by PHILLIP KISER and ordered to be Registered.
M. R. Moore, C. C.
by C. L. Banner, D. C.”
Child of Ledlow and Frankey. Ledlow and Frankey have a co-habitation bond in Surry County dated 1866, saying that they have lived together for 20 some years. On the 1870 Surry County census, Ledow and Frankey are living in the household of Abner Banner.
1. Abner, b. ca 1838
Children of Abner Banner who married Caroline ??
1 John, b. ca 1868
2 Albert, b. ca 1869
Henry Banner and Nicey Bunker -John Banner moved to Surry from Stokes prior to the civil war.
28 Aug 1866 – Surry Co.,NC
“This is to certify that Henry a freed man, formerly the
property of John Banner of said County and his wife Nicey a freed
woman formerly the property of Eng Bunker of said County Came
before me this day and acknowledged that they had live and
cohabited together as man and wife for the last eight years and
that they are willing & do now agree to live together as man & wife
forever hereafter so long as they both shall live, given under my
hand & seal this 28th day of August 1866. M. Banner, J.P. SEAL”
“Henry Banner a freed
man & wife
Nicey Certificate Recorded”
CHILDREN OF HENRY AND NICEY:
1. Sarah BANNER, b. ca 1845
2. Frank BANNER, b. ca 1855
3. Lucinda, b. ca 1862 married Hannibal Stewart on 26 Dec 1886 in Surry Co.,NC.
4. Susan E. BANNER, b. ca 1863 married Joseph Banner on 3 Aug 1878 in Surry Co.,NC.
5. Christina BANNER, b. ca 1866 married Marion Raley/Roley on 10 Jan 1883 in Surry Co.,NC.
6. William”Willie” BANNER, b. ca 1871 married Eliza Williams on 18 Jun 1896 on Surry Co.,NC.
7. Sarah E. BANNER, b. Nov 1880 married to John Palmer on 19 Sept 1906 in Surry Co.,NC.
Jacob – Sam, negro man – Prid or Price? – John and Susanna – George – Ben, negro man – Sam, negro boy – Chany – Gill – Frances – Esy – Joseph – Ben, negro boy – Mary – Sarah – Diana – Slaves of William Hill
8 Jan 1846 – Surry Co.,NC – Deed Book 4,pg 266,267 &268 -Deed of Trust Elisha Banner from William Hill:
“This indenture made and entered this 8th day of January in the year of our Lord One thousand eight hundred and 46 between WILLIAM HILL of the first part ELISHA BANNER of the second part and the SALEM MANUFACTURING COMPANY of the third part all of the counties of Surry and Stokes in the state of North Carolina witnesseth that whereas the said WILLIAM HILL stands Justly indebted to the said SALEM MANUFACTURING COMPANY in the sum of twelve hundred and twenty six dollars and sixty five cents due by the note dated this day and payable one day after date and whereas the firm of PAUL C. and WM. HILL the said WILLIAM HILL being a partner in said firm stands justly indebted to the said SALEM MANUFACTURING COMPANY by an account for the sum of four hundred and seventy six dollars bearing interest from the lst January 1846 and whereas the company trading under the style & firm of JOHN W. TRUELOW & CO. at Wytheville Va. and the said WM HILL being a partner of the said company and firm stands Justly indebted to the said SALEM MANUFACTURING COMPANY by an account for the sums of one hundred and eighty three dollars & two cents bearing interest form 1st Jany 1846 and whereas the Said WILLIAM HILL is willing and desirous to secure the payment of the Said debts and all such interest as has or may become there on now therefore in consideration of the promises and for the further consideration fo the Sum of one dollar in hand paid to the said WILLIAM HILL by the said ELISHA BANNER the receipt whereof is hereby acknowledged the said WM HILL hath given granted sold and delivered aliened and confirmed and by these presents doth hereby grant bargain sell and deliver alien and confirm unto the said ELISHA BANNER his heirs and assigns the following property -viz: One Negro man a black Smith named JACOB about 27 years old, one Negro man named SAM age about 22 years, One Negro man name PRID a first rate Collier about 30 years of age, One Road Wagon & Six horses & harnes’s, one Negro man named JOHN a first rate workman in the forge age about 44 years – To have and to hold the aforesaid property and every part thereof for the said ELISHA BANNER his heirs and assigns forever in trust and confidence that if the said debts So as aforesaid then and owing to the Said SALEM MANUFACTURING COMPANY or any part thereof either of principal or interest Shall remain due and unpaid on the first day of June next then and in that case it Shall be the duty of the said ELISHA BANNER upon being requested to for or in any way by the president or agent of Said SALEM MANUFACTURING COMPANY or either of these to expose the Said property or So much thereof, as Shall be Sufficient for that purpose to public Sale at any convenient place for cash first & advertise the time and place of Sale for twenty days at least three public places in Surry County and out of the proceeds of such sale to pay off Said debts and interest or Such part or parts thereof as my then be due and unpaid and after subtracting such costs and charges as may be incident to the execution of this Trust he Shall pay over the Surplus if any there be to the said WM HILL or his assigns but if the Said WILLIAM HILL Shall on or before the day aforesaid pay off and discharge the said debts principal and interest and every part thereof and all such costs and charges as Shall have accrued thereon then and in that case this deed Shall become null and void and the said ELISHA BANNER Shall upon the request of the said WM HILL & President or agent of Said COMPANY convey said property to him in fee simple In Witness whereof we have thereunto set our hands and seals the day and year first above written. WILLIAM HILL SEAL
ELISHA BANNER SEAL
Test: S. D. Moore
12 Jan 1846- Surry Co.,NC – The execution of the within deed me the 12th day of January 1846 by the oath of Samuel D. Moore one of the subscribing witnesses thereon therefore let be registered agreeably by act of assembly. F. K. Armstrong, Clk.
By H. C. Hampton, D. Clk Came to hand the 12th day January 1846 about 10 o clock. A. Dunnagan, Regs.
15 Jan 1846 – Surry Co.,NC – Deed Book #4, page 268,269 &270 Deed of Trust – J. L. Fulk from Wm. Hill: This indenture made and entered into this 15th day of January 1846 Between WILLIAM HILL of the County of Wythe and State of Virginia of the one part and JACOB L. FULK Trustee of the County of Surry and State of North Carolina of the other part witnesseth that Whereas EDMUND W. LOCKETT, DAVID F. KENT, GORDON C. KENT, LEVI FISHER as endorsers and securities have become liable and jointly bound with the Said WILLIAM HILL in the sum of Two Thousand dollars in the BANK OF THE CAPE FEAR, Salem, North Carolina and whereas the Said WILLIAM HILL being willing and desirous to Secure the Said EDMUND W. LOCKETT, DAVID F. KENT, GORDON C. KENT, LEVI FISHER as endorsers and Security as aforesaid from any liability which they may incur as endorsers of Said bond or any that they may hereafter sign and endorse in somuch of the said bond – hath for and in consideration of the promises and for the so other consideration of one dollar in hand paid the receipt whereof hereby acknowledged bargained an sold any by these presents doth hereby bargain and Sell unto the said JACOB L. FULK Trustee as aforesaid the following property to wit: one negro man named JOHN a workman in the forge also one negro Woman named SUSANA Wife of the said JOHN also one negro man named JACOB one negro man named GEORGE one Negro man PRID one negro man named BEN one negro man named SAM one Negro boy named SAM one other old negro man named SAM one Negro woman named CHANY one negro woman GILL one young negro Negro woman named SOPHIA one young negro ESY one negro boy named JOSEPH one negro boy named BEN one negro girl named MARY one negro GIRL named SARAH one negro girl named DINAH one negro girl named FRANCES one negro boy named TOM also their infant negro children the children of the said Negro women GILL, ESY and SOPHIA also two wagons with the Teams consisting of six horses in each team together with the graring and Harnesses attached thereot also two four horse wagons and the Teams of four horses to each together with the gearing and Harness attached thereto also four old wagons and twenty four head of oxen for the use of the same also Seven thousand acres of land lying and being in the said County of Surry and State of North Carolina and conveyed by sundry deeds to the Said WILLIAM HILL and on record in the Register’s Office of the said County of Surry State of North Carolina together with all appertentances thereunto belonging to have and to hold the aforesaid property and land unto the said JACOB L. FULK Trustee as aforesaid his heirs executors and administrators fornow in Trust witnesseth that if the said WILLIAM HILL Shall will and truly pay at all times the contractments and discounts upon the said note all minerals of the same form time to time according to the notes and regulations of the said BANK on said NOTE and all minerals of the same upon which the said EDMUND W. LOCKETT, DAVID F. KENT, GORDON C. KENT, LEVI FISHER as endorsers and Securities as aforesaid or which they may hereafter endorse and become Securities to renew the same and Shall moreover fully comply with all the rules and regulations of said BANK in Such cases and Shall pay up the full amount due at any time in accordance with such notes and regulations and Shall moreover Save harmless the said endorsers and securities in their undertaking as aforesaid So that they nor any other of them substain no less or Liability as aforesaid in the promises then this indenture and doing thing herein contained to be null and void But in further trust that if the said WILLIAM HILL shall at any time at at all times fail to pay to the said BANK the curtailments and Discounts and Discounts upon the said note and all other notes presented as renewals of the Same and Shall fail to renew the Same form time to time according to the rules and regulations of the said BANK and Shall further fail to pay up the amount of the Said note when due or any other notes as renewals of the Same When due and payable in compliance with the regulations of said BANK at any time and the said endorsers and Securities Shall at any time upon the said note or any renewals of the Same or Shall make default in any way whatsoever then it Shall be lawful for the Said JACOB L. FULK Trustee, as aforesaid and full power and authority is hereby required at any time when required by Said endorsers or either of them to proceed to sell the said negros and land aforesaid and other property above named or a part thereof at the forge of said HILL in the Said County of Surry and State of North Carolina for ready cash at public outcry to the Highest Bidder he having given at least ten days notice of such Sales at least three public places and also at said forge and out of the proceeds of Such Sales pay the curtailments and discounts on the Said note or any note as a renewal of the Same as circumstances may require or the said BANK may demand for any default made by the said HILL in any way as above stated and set forth subtracting five per cent for his Services in executing the Same. The Said property to remain in the possession of the Said in the said courts of Surry and State of North Carolina and the said JACOB L. FULK Trustee not accountable for any less in the aforesaid property. In witness whereof the said WILLIAM HILL and JACOB L. FULK Trustee have hereunto set their hands and affixed their seals the day and year first above written. WILLIAM HILL SEAL
J. L. FULK SEAL
Test: Robert L. Lyons”
31 Jan 1846 – Surry Co.,NC The execution of the foregoing Deed of Trust from WM HILL to J. L. FULK as trustee was duly proven before me on the 31st day of January 1846 by the oath of ROBERT F. LYONS the Subscribing witness thereto let it be registered agreeably to act of assembly.
F. R. Armstrong, Clk
Came to hand the 31st January 1846 A. Dunnagan, Regs.
10 Feb 1859 – Surry Co.,NC
“To the Sheriff of Surry County, and Elisha Banner, his Counsellor Attorney &c
Whereas it hath been represented unto viz. that WILLIAM HILL hath filed his bill of complaint, in our Court of Equity for Surry County; Complaining that one ELISHA BANNER of said County, is about, or threating, under his pretended authority as Trustee in a deed of Trust to sell a negro man, a slave named Samuel: and praying that he the said ELISHA BANNER his counsellor, Attorney &c may be enjoined from Selling Said Slave Samuel. And whereas, the Judge of our Said Court of Equity hath ordered that , writ of Inquisition and Subpoena be issued; upon the complainants’ giving bond in the sum of one hundred dollars: And whereas the bond to prosecute Said Suit has been given: We therefore command you and each of the above named persons not to sell the said Slave Samuel, and you and each of you are hereby enjoined from so doing. and that you and each of you do cease and desist from all further proceedings at law untill the further order of this honorable court to be held on the 4th Monday of February 1859 at the Court House in Dobson. And his you, and every of you, will strictly observe, render the penalty of the law in such case made and provided.
Witness – J. Graves Clerk and Master of our Said
Court of Equity at Office.
Issued 10th of February 1859. J. Graves, Clk. E.”
Spring Term A.D. 1859 – Court of Equity, Surry Co.,NC:
“The Separate answer of ELISHA BANNER to the Bill of Complaint of WM. HILL SENR., THOMAS H. GORDON, trustee, OLIVE C. HILL, MARTHA P. HILL, WILLIAM C. DAVIS & wife, ABRABELLA, MINERVA HILL, CYNTHIA HILL of age & RUTH ANN HILL, JOHN HILL & WILLIAM HILL, JR., minors who sue by their next friend WM. HILL, SENR., complaimiants against the said ELISHA BANNER & F. H. THURMAN, President of the Salem Manufacturing Company. This defendant now & at all times here- after reserving to himself all right of exeception to said bill of complaint, for answer thereto Saith that he admits it is true as stated in the bill that the said WM. HILL, SENR. did on the 8th day of January 1846 execute to this defendant a deed of trust which was duly proved and registered in Surry County, conveying to him among other property the Slaves, JOHN, PRICE[PRID?], SAM & JACOB to secure certain debts which the said WM. HILL individually & as a partner in two mercantile firms owed the Salem Manufacturing Company & that the copy of said deed attached to the bill of complaint is a correct copy thereof. This defendant further answering saith that in said deed it is provided as follows viz Whereas the said WM. HILL stands justly indebted to the said Salem Manufacturing Company in the sum of $1,226.65 due by oath dated this day & payable one day after date & whereas the firm of PAUL C. &.WILIAM HILL, the said WM HILL being a partner in Said firm, stands justly indebted to the Salem Manufacturing Company by an account for the sum of $476. bearing interest from the first day of January 1846 & whereas the Company trading under the Style & firm of JOHN W. TRUELOW & CO at Wytheville, Va. & the sd WM.HILL being a partner of the said Company & firm stands Justly indebted to the said Salem Manufacturing Co. by an account for the sum $183.02 bearing interest from the Ist day of january 1846 & whereas the said WM. HILL is willing & desirous to secure the payment of the said debts & all such interest as has or may accrue thereon. Now, therefore in consideration of the sum of one dollar in hand paid to the said WM. HILL by the said ELISHA BANNER the receipt whereof is hereby acknowiedged the said WM. HILL hath given granted, soid & delivered aliened & confirmed & by these presence doth hereby grant bargain sell & deliver & confirm unto the said ELISHA BANNER his heirs & assigns the folloving property nam[e]ly one negro blacksmith named JACOB about 27 years old, one negro man named SAM aged about 22 years, one negro man named PRICE[PRID], a first rate Collier age about 30 years one road waggon & six horses harness, one negro man named JOHN a first rate workman in the forge age about 44 years. To have and to hold the foregoing property & every part thereof to the Said ELISHA BANNER & his heirs & assigns forever in trust & confidence that if the said debts to as aforesaid deed & owing to the said Salem Manufacturing Company or any part thereof with Principal or interest shall remain due & unpaid on the Ist day of June next, then & in that case, it shall be the duty of the said ELISHA BANNER upon being required & to do by the president or agent of the said Salem Manufacturing Company or either of them to expose the said property or to much thereof as shall be sufficient for that purpse to public sale at any convenient places for cash first advertising the time & place of for 2O days at least three public piaces in Surry County & out of the proceeds of such sales to pay off Said debts & interest or such part or parts thereof as may then be due & unpaid & after retaining sucn costs & charges as may be incident to the execution of this trust &c; this defendant further answering Saith that in May or June 1847, he to us request by the agent of the said Salem Company to advertise & sell under said deed at Hill’s forge, that he did accordingly advertise as required by the deed & also at the request of Said HILL in the Greensboro Patriot for which … he was charged & paid $1.50-that he attended at the day & place of Sale but an account instructions acured from said Salem Company & with approbation of said HILL, as Sale was then made, it being stated as a reason for postponing the Sale, that the property would sell for more money at the Court house of the County – that in March or April 1848 he received instructions from said Salem Manufacturing to advertise & sell under said trust at Rockford on the week of the next May Court, under which instructions he did advertise as required by the deed of trust & on the 9th day of May 1848, Sold at public auction at the Court house in Rockford the Slaves JOHN at $406., PRICE[PRID] at $555, & JACOB at $600. THOS J. BARNES being the purchaser of the two first and JONAS SIMMONS of the latter, amounting in all to $1,561., all of which was immediately paid to the agent of said Salem Company. After the Sale of said Slaves it was then agreed by the agent of said company & at the earnest solicitation of Said HILL that slave SAM should not be sold at that time – the said HILL then promising to pay off the balance due in a short time – that this defendant has never sold any other property conveyed in Said Deed in Trust that all said slaves were in possession of of said HILL up to the sale & immediately after the sale the Slave SAM went back into his possession; that at that time it was admited by all parties that there was still the balance due & this defendant understood said Company did not relinquish its right at any time thereafter said balance or any part of it being still unpaid, so sell said Slave under the trust – this defendant further answering saith that sometime before said Sale, the precise date he does not recollect, he had received from JOB WORTH under an order from the firm of PAUL C. & WM. HILL notes & justices judgements to the amount of $175 or $176 the proceeds of which when collected he was to apply to the account which said firm owed said Salem Company, but which he had not collected at the time of sale, but since then he has collected all said notes & judgements & had always expected to account therefore to the Salem Company & would have done so before this time but from the fact that these were & still are unsettled accounts between this defendant & said Company; this defendant further answering Saith that at the sale it was agreed between the Salem Company, Said HILL & this defendant that whenever Said HILL paid off the balance due on the trust & produced a receipt to that effect to this defendant & paid him his commissions & the expenses incurred in the execution of Said trust, he would relinquish any further control over said slave SAM, but said HILL never produced any such receipt nor offered to settle & pay any expenses & commissions; this defendant positively denies that the complainant, WM. HILL, SENR. never called on him or offered to adjust the balance due on said trust but that complainant DAVIS did in early part of the year1858 express to him a desire to have the matter adjusted & suggested a meeting at Mt. Airy for that purpose, but this defendant not having as full a Statement of the matter as DAVIS desired no meeting took place & since the filing of this bill the said DAVIS again expressed a desire to have the matter adjusted & to have this defen- dant then Convey the slave SAM to THOS. H. GORDON as trustee of the children of said WM. HILL SENR. but none of the other complainants even said anything on the subject to this defendant – this defendant further answering saith that he has no knowledge or information of DANIEL STULTZ paying any money for said HILL to said Salem nor has he any knowledge or information of any dealings or accounts between said HIll & Said Salem Company after the execution of Said trust & he cannot answer thereto, this defendant further answering positively denies that no claim was made from the sale up to within 12 months of the filing of his bill, of any balance [NOTE: THIS IS INSERTED OVER ORIGINAL] *but this defendant states that after allowing the credit of $1,561. amt of sales & $176. amt of claims placed in his hands & all other credits admitted by said Company, upon a correct calculations there is still due said Company more than $100. + interest thereon from 9th May 1848 which with the $176. also is a claimed by said Company under Said Trust. which this defendant thinks is unreasonably expected to pay: this defendant admits that the Slave SAM is now in his possession & that he was about to sell under the said trust, but was prevented from doing so by the injunction issued in this cause & in using this he acted in good faith & for the purpose of discharging his duty as trustee & not, as falsely alleged in the bill, to assess said HILL & his family. This defendant further answering states that in his discharging his duty as Trustee he has been at considerable and expense on account of which expense for which he is liable and reasonable commissions are the amount of sales is hereto attached as part of this answer – this defendant further answering states that in regard to the alledged Deed from WM. HILL, SENR. to THOMAS H. GORDON trustee of MARY HILL & that he had heard that such a deed had been made by said HILL for the purpose of defrauding his creditors that as to he execution and contents thereof he knows nothing and he cannot admit or deny the corrections fo the copy attached to the bill of complaint he admits that MARY HILL is dead that WM. C. HILL, MARTHA P. HILL, ARABELLA intermarried with WM. E. DAVIS, MINERVA HILL, CYNTHIA HILL, RUTH ANN HILL, JOHN HILL & WM. HILL JR. are the heirs of ther body as stated in the bill of complaint – This defendant denies all and all manner of unlawful combenotion? and ______? that the injunction issued in this may be dissolved and that he may be hence dismissed with his reasonable costs and charges in this behalf must wrongfull substained. Wharton & Joyce Executors for E. Banner”
3 Mar 1859 – Surry County, NC
“Elisha Banner defendant in the above suit being first duly sworn maketh oath that the several motions of fact set forth in this answer as amended to be of his own knowledge an true and those not of his own knowledge he believes to be true. Elisha Banner Subscribed and sworn to before me March 3, 1959. S. Graves, C. M. E.”
Fall Term, 1868 – Surry Co.,NC – Superior Court To the Honrable Judge of the said Court The Petition of Susan R. Banner against Thomas W. Prather and his wife Mary R., Frank Moore & his wife Rachel, Marshall Davidson & his wife Cornelia, William O. T. Banner of full age and Charles Banner, James Banner, Elisha Banner, Lizie Banner, Henry Banner and Powell Banner the six last names being minors. Your petitioner respectfully shows that she is the widow of ELISHA BANNER decd. who lately decd. in our said County intestate seized and possessed of Valuable Real estate consisting of the home place comprising the dwelling house in Mount Airy and the lands adjacent thereto being composed of several smaller tracts the place designated “Texas” adjoining a the lands of Isaac Armfield, John Banner and others. A small tract on which Hannah* lives adjoining adjoining Albert G. Short and others. The mill tract adjoining Winston Fulton & Jarvis Sparger, an interest undivided 1/7 of the McCraw tract speculation lands, a tract of 180 acres bought of N. Boyden & C. Shober on the anoroll the Jeff Hickman Place, the James Fulk lands, the Hensley Potts lands, the William Jones land, the Thomas H. Boyles lands and perhaps others of which your petitioner does not know. Your petitioner further shewth that as the widow of the Said ELISHA BANNER decd., She is entitled to Dower to the full one third part in value of all the lands to which the said ELISHA BANNER held title either legal equitable. And she is advised that in addition to her dower She is also entitled to the benefits of the homestead exemption provided for in the constitution now in force. To the end that her Dower may be assigned to her & his homestead set part by metes and bounds she respectfully prays your Honor of grant that copies of the petition may be served on Thomas W. Prather & his wife Mary, R. Frank Moore & his wife Rachel, Marshall Davidson & his wife Cornelia and W. O. T. Banner and that copies may be served upon the guardian of infants defendants Charles Banner, Elisha Banner, James Banner, Lizzie Banner, Henry Banner and Powell Banner, whenever a guardian is appointed for them, they being now without guardian & that they may be summoned to appear at the next Superior Court of Law to be held for the County of Surry at the Court House in Dobson on the 8th Monday after the 3rd Monday in September to shew cause if any they have why the said Court Shall not direct dower to be assigned to your Petitioner in the manner presented by law and as in duty bound &c. Graves Sol. for petitioner
* Hannah is a slave that belonged to Elisha Banner. On the 1870 Surry County census, Hannah is shown in the household of Susan R. Banner in Mt. Airy Township along with her daughter, Mahala.
Frank Donathan and Mary Hutchins
14 Aug 1872 – Surry Co.,NC – Marriage Record of William “Frank” Donathan and Mary Hutchins:
“To any ordained Minister of any religious demonination or to any Justice of the Peace for Surry County. Martin Ashburn having applied to me for a license for the marriage of FRANK DONATHAN residence Rockford Township aged nineteen years, colored, the son of WM. DONATHAN, Decd. and MARY DONATHAN Residence Rockford Township and MARY HUTCHINS, colored, aged nineteen years Residence Rockford Township Daughter BETS[ELIZABETH] HUTCHINS Living. These being no legal impediment to such marriage known to me. you are hereby authorized at any time within one years from the thereof to celebrate the proposed marriage at any place within the said county. You are required within two months after you Shall have celebsolid such marriage to return this License to me at my office with your signatures subscribed to the certificate under this License according to the facts under penelalty of forfeiting two hundred Dollars to the use of any person who shall sue for the same. Issued this 14th August 1872. J. G. Martin Register of Deeds for Surry County.”
15 Aug 1872 – Surry Co.,NC:
I M. G. Harbour do hereby certify that I solemnized the rits of Martrimony between FRANK DONATHAN & MARY HUCKINS[HUTCHINS] near my house on the 15th day of August 1872. M. G. Harbour
Children of Frank and Mary Hutchins Donathan:
1.Turner Monroe (or Monroe Turner) DONATHAN
Birth Place: Surry Co, NC
Death Date: 6 Jan 1919 Age: 49
Death Place: Surry Co., NC
Burial Place: Hill’s Chapel Cemetery
Spouse: Samira STEPHENS, 13417
Marriage Date: 18 Apr 1891
Marriage Place: Surry Co., NC
2 . William “Banner” DONATHAN
Birth Date: 15 Mar 1875
Birth Place: Surry Co., NC
Death Date: 18 Apr 1964 Age: 89
Death Place: Surry Co., NC
Burial Place: Hogan’s Creek Primitive Baptist Church Cemetery
Spouse: Louisa “Lou” RACHELS
Marriage Date: 5 Aug 19031
Marriage Place: Surry Co, NC
3. Mary E. DONATHAN
Birth Date: ca 1877
Birth Place: Surry Co., NC
4. George W. DONATHAN
Birth Date: Aug 1878
Birth Place: Surry Co., NC
5. John H. DONATHAN
Birth Date: 21 Dec 1882
Birth Place: Rockford Township, Surry County, NC
Death Date: 1 Jan 1925 Age: 42
Death Place: Surry Co, NC
Burial Place: Hogan’s Creek Primitive Baptist Church Cemetery
Spouse: Mamie ??, 13412
6. Martin “Luther” DONATHAN
Birth Date: 19 Mar 1884
Birth Place: Virginia
Death Date: 30 Apr 1916 Age: 32
Death Place: Rockford Township, Surry County, NC
Burial Place: Hogan’s Creek Primitive Baptist Church Cemetery
Spouse: Nancy PEELE
7. Milton DONATHAN
Birth Date: Mar 1885
Birth Place: Surry Co.,NC
8. Walter G. DONATHAN
Birth Date: Feb 1890 Age: 108
Birth Place: Surry Co, NC
9. Laura Lula DONATHAN
Birth Date: 27 May 1895
Birth Place: Rockford Township, Surry County, NC
Death Date: 28 Dec 1924 Age: 29
Burial Place: Hogan’s Creek Primitive Baptist Church Cemetery
Spouse: John H. PEELE
26 Feb 1887 – Surry Co.,NC – Will Book #6, page 257, WILL OF HENRY KERR:
State of North Carolina Surry County the Last will and testament of HENRY KARE Colard[Colored], Being now in his Rite and proper mind doth Will and Bequeath to SUSAN E. STANLY and MARGET STANLY his Land Lying in the State and and County aforesaid known as the SARAY WOOD place adjoining the Lands of SARAY BOWLES and T. J. WILLIAMS By the SAID SUSAN E. STANLY & MARGET STANLY paing[paying] the Remainder of the purchas money and that the orathers[others] of the airs[heirs] of MRS. BLACKWOOD makes a deed to the said SUSAN E. STANLY & MARGET STANLY given under my hand and Seal the 26th day february 1887. Henry (X) KARE SEAL
L. J. Stanley
7 Mar 1887 – Surry Co.,NC -Probate of the will of Henry Kerr proved by L. J. Stanly and John Brown.
9 Mar 1887 – Surry Co.,NC Application for Letters of Testimony:
In the matter of the Last will of HENRY KARE before R. S. Folger, Clerk Superior Court J. T. BLACKWOOD being duly sworn, doth say: That HENRY KARE, late of said County is dead, having first made and published his last will and testament; and that no execution is named therein. Further, that the property of the said HENRY KARE consisting of a small piece of land is worth about $120.00 so far as can be ascertained at the date of this application; and that SUSAN E. STANLY and MARGRET STANLY are parties entitled under said will to the said property. J. T. Blackwood
Sworn to and subscribed before the 7th day of March 1887. R. S. Folger, Clerk of Superior Court.”
Jesse – slave of William Cockerham
9 Oct 1855 – Surry Co., NC – Deed Bk. #9, page 483, John E. Stanley from Mary Cockerham:
This indenture made and entered into this 9th day of October AD 1855 between MARY COCKERHAM of the County of Surry in the State of North Carolina of the first part and JOHN E. STANLEY of said county of Surry TRUSTEE of the second part and JESSE WILLIAMS of the County of Yadkin and state aforesaid of the other part witnesseth that for and in consideration of the sum of five dollars in hand paid by the party of the second part the receipt of which is hereby acknowledged by the said MARY COCKERHAM the party of the first part and for the further consideration hereinafter set forth the said Mary Cockerham hath this day bargained sold and delivered unto the said JOHN E. STANLEY a negro man named Jessee now in the possession of the said MARY COCKERHAM aged about 20 years old being one of the slaves owned by her late husband WILLIAM COCKERHAM which said slave was sold by the admn. JOSEPH COCKERHAM of her said husband at the price of one thousand dollars and whereas JESSEE WILLIAMS of the county of Yadkin became the surety of said MARY COCKERHAM for the price said described have & some other property and entered into bond as surety of said MARY COCKERHAM to JOSEPH COCKERHAM for the amount of seven hundred and ninety dollars bond dated the 15th day Sept AD 1855 payable ten months after date and the said MARY COCKERHAM being desirious of indemnifying and saving her said surety harmless hath convey the before named slave in trust now in case the said MARY COCKERHAM shall fail to discharge and satisfy said bond when required so to do by administrator JOSEPH COCKERHAM then in that case it shall be lawful for the trustee on the 25th day of January next or at any time when required by the said JESSE WILLIAMS the said trustee shall advertise said slave at the Court House in Dobson and two other public places and sell said slave at Dobson in Surry County for Ready money and after paying said bond and expenses pay the balance if any to the said MARY COCKERHAM in testimony of which the parties have hereunto set their hands and seals this day and date before written. Mary Cockerham SEAL
John E. Stanley SEAL
Jesse Williams SEAL
Witness: Isaac Moore
North Carolina Oct 8th 1855 The Execution of the foregoing tract was this day duly proven before me by the oath of Issac Moore the subscribing witness thereto Let the same be registered agreeable to law. John H. Dobson, Clk. By T. V. Hamlin, D.C.”
MOGNA “A Faithful Servant”
Spring River Fountain & Journal, published weekly, Mt. Vernon. Davis, Mrs. Phoebe, d/26 Dec 1881, ae 91y. b/Surry Co, N.C. Mother of Rev. Riley Davis & Grandmother of J.B. Davis of Mt. Vernon.
Mogna was born about 1775, origins unknown, and died 1854 in Lawrence Co, Missouri. She was called Mogue (Mog, Mogg), and will be remembered and accounted for here, with Phebe Isbell Davis.
Mogna was listed as a slave in the 1806 will of David Davis in Surry Co, North Carolina: “Mog, Cleo, Abberdeen, Bob, George, Dinah, Duglas,” (possible relationships not stated). Mogue was probably sold at the division of David Davis’ estate in 1814. She was “given to Phebe Isbell Davis for life,” sometime between 1817 and 1822 in Surry Co, North Carolina, and next appears on the 1823 estate record of Phebe’s husband, William (“Billy”) Davis, nephew to the above David, also in Surry County. Phebe’s father, Richard Isbell, Ex. of Wm Davis’ estate, notes on inventory: “Mogg aged about 60 years, Rann aged about 16 or 17,” (possible relationship not stated). After Billy’s death, Phebe, unsuited to managing a young family and the plantation, spent much time at her father’s; leaving Mogue to look after the needs of the children, and the care of the plantation to the slaves. When the slaves became “unruly,” they were sold. This must have occurred between the May 1822 court term (Wm Davis probate filed Aug term), and 11 Jan 1823, as “Mogg” and Rann are the only slaves appearing on the estate inventory. Rann was sold at the estate sale, also on 11 Jan 1823. Mogue (female slave, age 55-100) is the only slave enumerated in Phebe’s household on the 1830 census for Surry County.
Mogue left children and grandchildren in North Carolina in 1831, when she was taken to Warren Co, Kentucky, with Phebe and the children, and the rest of the Richard Isbell family. She is said to have grieved over one son who was sold; as he was not allowed to say good bye. This was probably at an earlier time, as Mogue’s children were likely born in the late 1700’s, or the earliest 1800’s, and no other mention of them is found in my known family histories or legends.
In the spring of 1840, Phebe, son Hardin, daughter Sally and husband Temple Hickman, and Mogna, left Kentucky for Barry Co, Missouri, arriving in September. They traveled in ox-drawn Tennessee wagons, with Mogna following atop a yellow mare. Phebe’s eldest child William and wife Christiana Hickman, preceded them to Missouri in 1839. The Davis family lived near Heaton(ville), just southeast of present day Miller, Lawrence Co, Missouri, and Mogue once met a man in Heaton that had owned her daughter. The 1850 Slave Schedule for Lawrence Co, Missouri, enumerates her with Phebe Davis, as age 75. (Phebe’s children were not slave holders, daughter Sally spoke against it.) Until Mogue became ill and infirm, she had slept on a bedroll of old quilts that was put away each morning; Sally then brought her a trundle bed, so that she would be comfortable in her remaining days.
Mogue had loved a certain oak tree on a corner of Wm “Riley’s” homestead, and had requested to be buried beneath it. She was laid to rest under the oak in 1854, at about age 79. Mogue may have been the first burial on the Davis homestead, though Wm Riley’s son, James Lafayette was likely buried there in 1842, as was probably his daughter, Juliett “Jeems” in 1857. Phebe’s son Hardin, and his wife Nancy Baldwin Davis, were murdered by bushwhackers and were also buried there, thus establishing the Davis Family Cemetery. The old oak died and disappeared, leaving no landmark for Mogue’s grave site. Years later, while digging a grave, workmen found they were encroaching upon an old burial site; it could be none other than Mogna’s. Queentina Seabourn Davis, daughter-in-law of Hardin, had a monument made for Mogue: Erected to the memory of a faithful servant by Queentina Davis.
[Records of Surry County and the State Archives of North Carolina, The National Archives Census Microfilm Rental Program, The Thomas Davis Family of Danbury, North Carolina, by Jack Hays, and Edwin and Ellender Webber Hickman, by Hope Hilton; a compilation by Vicki DePreste Peterson, 1998.]