Dana,
I have been doing a little more research and I find the following, hoping
you won't mind me
playing the devil's advocate.
I note in the 1840 census of Henderson Co., NC: Cagle, Leonard
12101-11001, this would
indicate two daughters and Mary in the household.
The 1850 Census of Henderson Co., NC, lists the assumed daughters, by
name and does
include Nancy, age 18; however, it also, includes a James Roberson, age
10 yrs. For the same
Census, Jacob age 19, Rebecca, age 15 and J. H. (James Henry), age 12 are
enumerated in the
household of David Roberson, age 41. It appears Leonard is boarding
James Roberson, age 10,
in partial consideration for David Roberson's, boarding his three
children, Jacob, Rebecca and J. H. (James Henry).
Now this is speculation but, suppose the 1840 census did not include all
of Leonard's daughters and some were being boarded, as was the case for
1850, then the 8 year old Nancy is also, in the 1840 census. Also, how do
you explain a Nancy (presumably) Cagle, since last names are listed when
different, in the 1850 census.
As to the will which as you say, cannot be located and most likely was
destroyed, suppose she
was not one of the beneficies because she had been disinherited. Or,
maybe she was not
disinherited and the property she inherited was in South Carolina where
she lived. Also, in 1871 in Greenville, SC, the probate court ordered
Jacob W Cagle and Nancy Cox (his sister) to appear and show cause why
land belonging to Leonard Cagle in SC could not be sold. After all
Leonard did own property in South Carolina too. Or, perhaps, she had
already received her
inheritance which was property in South Carolina. There are so many
reasons for not being
listed among those who received various amounts for disposition to heirs
in NC.
Until the will can be located, I believe we have no alternative but to
consider Nancy a daughter
of Leonard's based on the 1850 census listing her as such at age 18.
What do you think?
Lee Cagle
Okla City
P.S. Do you know why James Henry Cagle was required by Court Order to
sell property to
John Summey in Oct 1867.
On Tue, 27 Nov 2001 11:24:29 EST JDMEARA(a)aol.com writes:
Lee and List:
I have certified copies of what records that have survived concerning the
estate of Leonard Cagle (1798-1866) from the NC State Archives. Whether
Leonard left a will or not cannot be determined because the original
filing by his widow in Transylvania Co. NC in the fall of 1866 has been
lost, so there is no record of distribution of assets. All probate
records covering that period in Transylvania are lost, but some of the
proceedings are mentioned in the later records.
Records received from the Archives concern only property in NC and cover
the period from April 1867 through 1889. [ R.093.508.2 and CR.050.14].
There are gaps and skips in the record but the picture emerges that James
Henry Cagle, who was the only son of Leonard to remain in NC, is
administrator after his mother dies. The heirs of Leonard are named a
number of times:
J. Henry Cagle, Administrator
Joshua Orr and wife, Jane
Benjamin Merrill and wife, Louisa
Jacob Cagle
Charles Cagle
Caleb Orr and wife, Ann
Noah Rabb and wife, Ruth
This list covers all the living children of Leonard and Mary Osborne
Cagle. The only mention of John Summey concerns property sold to him by
James Henry Cagle under Court Order on 22 Oct 1867.
Descendants of Nancy Cagle Summey are convinced that she was a daughter
of Leonard. Because of this, I believe there was a close family
relationship. Perhaps she had even been raised in Leonard's household.
However, had she been his daughter, I am sure the Courts would have
listed her as an heir during the many years of litigation.
Dana Meara