A copy of the estate document of Charles Cagle Sr., from the superior Court for the
Salisbury District of North Carolina, dates from Sept. 1803, and refers to the estate of
Charles Cagle Sr in Montgomery Co., which was one of the several counties under the
jurisdiction of the District Court at Salisbury, Rowan Co., NC. The document pertains to
the attempt of Paul Forrer (a German whose surname was later Anglicized to Furr) to
recover a debt owed to him by Charles Cagle, Sr. This was not the same Paul Furr who
lived near the Cagles of Franklin and Hall Cos., GA during the early and mid-1800s, but an
older man, perhaps an uncle, by the same name. A transcript of the document is reproduced
in the "Cagle Family in the South, to 1850, Vol. II: Georgia" page 172/3.
State of N.Carolina September Sessions 1803
Salisbury District.
To the Honorable judges of the Surperior Court of law and Equity for the district of
Salisbury. The Bill of Paul Forrer of the District aforesaid against Leonard Kegle
administrator of Charles Kegle, Jacob Kegle, Charles Kegdle, Conrad Hardwick in right of
his wif, Susanna, George Kegle in right of his wife Betsey, Jacob Tucker in right of his
wife Molly, Elias Horn in right of his wife Kitty, Leonard and John Kegle, and Jesse
Gilbert, Guardian of Glory, George and Margaret Kegle, minors.
The complainant states to your Honors that in the month of Noverber 1794 he contracted
with Charles
Kegle Senr. of the county of Cabarrus, for a tract of land and paid the purchase money, to
wit, the sum of (note: here follows a blank space in the document), and to secure a title
to the said landthe said Charles Executed to him the following bond (viz), "Know all
men by these presents that I, Charles Kegle of the County of Cabarrus and State of No
Carolina am held and firmly bound unto Paul Forrer of the County and State aforesaid, his
heirs, executors etc. in the just and full sum of one hundred pounds good and lawful money
of the aforesaid State, to which payment will and truly to be made and done. I therefore
bind myself, my heirs, executors, administrators or assigns firmly by these presents,
Sealed with my Seal and dated this 15th day of November 1794.
The condition of the above obligation is such, that if the above bounden Charles Kegle,
his heirs or assigns shall make or cause to be made a deed or title to a piece of land
adjoining Forror his heirs or assigns as soon as it can be got, without fraud or further
delay, that then this present obligationbe void and of no effect else to remain full force
and virtue. Signed, Sealed and Delivered in presence of:
Margaret (X) Hickey /s/Charles (X) Cagle
Daniel Little His Mark
Now so it is, may it please your honors the said Charles died in the year 1801, without
complying in any respect with the said Bond, tho' often applied to for a specific
performance.
Letters of Administration were Granted on his estate to one of the defendants Leonard
Kegle who has since moved to the State of Georgia, Jesse Gilbert another of the defendants
was appointed guardian to the minor children, all these defendants have refused to comply
with the said obligation specifically or make any just compensation to the
Lee Cagle, ph. A/C 405-843-8812complaint. This complaint states that the said Charles had
it in his power if he had been so disposed to have perfected to him a title to at least
one halv of the land bargained for, and which he was always willing to receive in parrt
discharge of siad bond and to have a reasonable sum of money paid to him for the
deficiency, but he never could procure this to be done, either by said charles in his
livetime, or any of the defendants since his death.
He therefore prays for your Honors to cause the said defendants to appear at the next
Superior Court to be held for the district of Salisbury and true and perfect answer make
to the several matters and things stated in this Bill of Complaint as full and
perticularly as if the same were again repeated and interrogated.
This complaint prays your Honors to decree that the said defendants or such of them as may
seem fit and proper to your honor, shall make a good and sufficient title to the
complainant, of the land intended by the above recited bond if there should be any
deficiency in the quantity of said land to decree to him such sum as may be adequate to
the deficiency. This complainant statees that at least one half of the purchased land may
be specifically conveyed by the defendants and that he estimates the value to at least
three dollars per acre. This complainant prays your Honors to grant to him all such other
and further relief in the premises that may be consistant with equity and good conscience.
May it please your Honors to grant unto your orater your writs of subpoena to be directed
to the said Leonard Kegle Administrator of Charles Kegle, Jacob Kegle, Conrad Hardwick and
his wife Susanna, George Kegle and his wife Betsey, Jacob Tucker and his wife Molly, Elias
Horn and his wife Kitty, Leonard and John Cagle, and Jesse Gilbert Guardian (of Glory,
George and Margaret Kegle, minors), and your orator will ever pray, etc.
James Pearson, Solr. for Compt. Paul Forror
I do hereby certify the aforegoing to be a true copy of the Original Bill of Compt now
filed in office
Max Chambers, C.M. ESQ
The outcome of Paul Forror's complaint is not known; however, subpoenas were sent out
by the court, for on Dec 31, 1803, a subpoena was sent to Jesse Gilbert, guardian of the
minor Cagle Children, directing him to appear in court on March 191904 to answer the
charges against him. It is likely identical subpoenas were sent to the other defendants
in the case; however, the file containing
Charles' Estate papers includes only the one addressed to Gilbert.
"State of North Carolina, Salisbury, District, Rowan County, NC
"To Jesse Gilbert, Guardian to Glory, George, and Margaret Kegle, monors and heirs of
Charles Kegle and to the sheriff of Montgomery County - Greetings.
"For certain causes offered before us in our Court of Equity, we command and strictly
enjoin you, that laying all matters aside, and not withstanding any excuse, you personally
be and appear before the Judges of our Court of Equity for the district aforesaid, at the
court house in Salisbury, on the ninteenth day of March next, to answer concerning these
things which shall then and there be objected to you by Paul Forror, in his Boll of
Complaint exhibited against you, a copy of which said Bill of Complaint accompanies this
Writ; and to do further and receive what our said court shall have considered in this
behalf; and this you may in no wise omit, under the penalty of one hundred pounds; and
have you there this Writ.
"Witness, Maxwell Chambers, Esq, Clerk and Master of our said Court, at office the
19th day of September in the year 1803 and in the XXVIIIth year of our Independence.
"Issued the 31s day of December 1803. Max. Chambers, C M Eq"
A comparison of these two documents leads to the following conclusion: Paul Furr and Paul
Forror were the same individual, and that the land in question in the 1803 document was
identical to the second parcel of land which Charles Cagle had sold to Furr in1794. The
1794 transaction took place on Nov 7 of that year, and Charles, when unable to immediately
transfer title on the smaller of the two parcelss placed himself under bond on 15 Nov
1794, with the understanding that he would transfer the title at some time in the future,
or else forfeit the bond. Then Charles' death occurred before his fulfilling the
obligation, resulting in the events described in the 1803 document.
Another item of interest which occurs in the Charles Cagle's 1803 Estate Papers is the
mention of Charles' death in the year 1801. A check of the 1800 census of North
Carolina reveals that Charles was not enumerated in that year, but that his wife Mary was
listed in Montgomery County on page
511 (101-11001). It would seem rather unusual that Charles, if he did not die until 1801,
was not listed as head of household in the 1800 census. The explanation for this oddity
is not apparent at the present juncture, but two possibilities might be considered:
(1) Perhaps Charles actually died in 1800, before the census takers visit, and his
household was headed by his widow Mary. Such an explanation, however, would contradict
the statement in his Estate Papers which gives his date of death as 1801. Judging from
the facts that the Estate Papers were drawn up so soon after his death, it would seem
unlikely that the year of his death would be given erroneously.
(2) Maybe Charles did die in 1801, but was away from home at the time of the 1800 census.
It has been theorized, that Charles could have been on a journey with John Cagle of
Cabarrus Co., since the wives of both Charles and John were listed as heads of household
in 1800.
The absence of any mention of Charles" wife, Mary in the 1803 Estate Papers is
another point of interest. It is possible that Mary herself died somethime between the
1800 census and the 1803 document; if so, Jesse Gilbert may have been appointed guardian
of her minor children at the time of her death. However, it is also possible that Gilbert
had been appointed guardian of the children at the time of the original administration of
Charles" estate in 1801. If so, perhaps Mary was still alive in 1803, even though
she was not mentioned in the document of that year. The exact date of death and place of
burial are not known for either Charles or Mary.
Another problem which arises from the 1803 cocumatn is the identity of the Leonard Cagle
who was the original administrator of Charles" estate. To mention one possibility,
he might have been the same Leonard Cagle who is listed in the 1803 document as the third
son of Charles Cagle but, if so, it might be wondered why he was chosen for the task,
rather than one of the older sons, Jacob or Charles Jr. A possible solution might be that
Leonard was the oldest son still remaining in Montgomery County at the time of his
father's death i.e., Jacob and Charles Jr had moved to Buncombe/Henderson County by
the time of the 1800 Census. Thus, young Leonard, who would have been in his early 20s at
the time of Charles' death, could have been appointed administrator, since his older
brothers were living a considerable distance away from Montgomery County.
However, the 1803 document does not explicitly state that the Leonard Cagle who
administered the estate was identical to the Leonard who was named as Charles' third
son. Thus, it is possible that the administrator was a different Leonard Cagle; to
mention one possibility, he could have been the older Leonard Cagle who was enumerated in
the 1800 census of Montgomery County, age 45+. This older Leonard, who may well have been
a brother of Charles Sr., moved from Moore County to Montgomery County sometime between
1795 and 1797 and priot to appearing in the 1800 Montgomery County census, he appeared in
a 1797 land transaction and a 1798 baptismal record in Cabarrus County. As nearly as can
be determined, this Leonard did not remain in Montgomery County long after 1800, so if
he was the same Leonard Cagle who subsequently appeared in the 1805 Georgia Land Lottery,
as is generally supposed by Cagle researchers, it might explain the reference inthe 1893
document to the fact that Leonard Cagle, the administrator of Charles' estate, had
moved to Georgia sometime between Charles' death and September of 1803. Thus far, no
definite evidence has been found to indicate that this Leonard ever returned to live in
Montgomery County, though one second-hand source suggest that he eventually died in
Montgomery Co in 1814.
3227 Wilshire Terrace, Okla City, OK 73116-3023
-- Cagle2002(a)webtv.net wrote:
Rowan County NcArchives Court.....Farrar, Paul Et Al March 1804
Source: Mon., Sept. 10, 1804, Raleigh Minerva
Written: March 1804
Recorded: September 10, 1804
STATE OF NORTH CAROLINA COURT OF EQUITY SALISBURY DISTRICT March
Term, 1804
PAUL FARRAR
Vs.
CHARLES KEGLES, Administrator
.
It appearing to the Court that CHARLES KEGLES, the defendant in this
case, is not a resident of this State, It is therefore ordered by the
Court that publication be made for three successive weeks in the Raleigh
Minerva that unless he file his answer on the first three days of the
next Term, judgment will be taken pro confesso against him and heard ex
parte.
MAX.
CHAMBER, C.M.E.
Additional Comments:
Charles Kegles, Max Chamber
File at:
http://files.usgwarchives.net/nc/rowan/court/farrar936gwl.txt
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