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Surnames: CANADAY, CANADY, CANNADAY, CANNADY, KENNEDY, KENNEDAY, KENNEDA, RICE, SANDERS,
SAUNDERS, COBB
Classification: Will
Message Board URL:
http://boards.ancestry.com/mbexec/msg/rw/TWH.2ACIB/139
Message Board Post:
ROCKINGHAM COUNTY, NC - WILLS - 1864 probate of William Canady
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PROBATE of William CANADAY deceased, intestate, of Rockingham Co NC, 1864
State of North Carolina
Rockingham County
Court of Pleas & Quarter Sessions
August Term 1864
to the worshipful the Justice of said County
The petition of Nathan Canaday Administrator of Wm Canaday respectfully
showeth to your Worship that he qualified as Administrator at [the] August
Court 1862 of the said Wm Canaday. Your petitioner further showeth from the
best information he can obtain that debts due from the estate amount to
between six and seven hundred dollars including the amt allotted the widow as
her years allowance [and] that to this is to be added the cost of
administration. Your petitioner further showeth that the personal estate to
the best of his knowledge will not exceed three hundred dollars. Your
petitioner further showeth that the intestate at the time of his death was
seized and possessed of a tract of land in the County adjoining lands of Ro B
Wats, Absalom Canaday & others & containing 114 acres or thereabouts which is
very thin common land; that he owned no other real estate; that said land upon
his death descended to his children & grandchildren, to wit, Absalom Canady,
Joseph Canady, Sarah J. Cobb and the following grandchildren: Wm C. Rice who
resides beyond the limits of this state & Jas W. Saunders & Robt Saunders of
full age & Jno S., Stephen, Nancy J. & Hassel Saunders who are minors under
the age of twenty-one years and Nathan Canady your petitioner. Subject however
to the dower of Elizabeth Cannady the widow of intestate which has already
been allotted to her, your petitioner therefore represents that a sale of the
whole land, subject to the widow's dower, will be necessary to pay the debts &
costs of Administration. To this end therefore that the said land may be sold
subject to the dower on such terms as your Worship may direct by your
petitioner and that the proceeds of the sale may be assets in his hands for
the payment of debts & costs of Administration. May it please your Worship to
cause a subpoena with a copy of this petition to be issued to the said Absalom
Canady, Joseph Canady, Sarah J. Cobb, Jas W. Saunders & Robt Saunders; that
advertisement be made in the Greensboro Patriot for Wm C. Rice the non-
resident; that the Clerk W. M. Ellington be appointed Guardian pendente lite
of the minors J. S. Saunders, Stephen Saunders, Nancy J. Saunders & Hassel
Saunders commanding them to be and appear at the next term of this court to be
held at Wentworth the 4th Monday in Nov. to answer said petition & show cause
if any they can why a sale shall not be had -- and as in duty your petitioner
most ever pray
Ro B Wats Sol for Petitioner
Subscribed & sworn to in open Court August 22nd 1864
W. M. Ellington Clk
Nathan Canaday Admr
[A jury of 12 men had laid off the widow's dower of Elizabeth CANADY on 21 May
1863, in the amount of 37¼ acres including the mansion house. The remainder of
the land, 108 acres, was eventually sold by Nathan Cannady Admr at public
auction on the premises "after due advertisement according to Law" in 1867;
the highest bidder was Nathan Cannady himself, who paid $536 for it. This land
descended from the unmarried and childless 73-year-old Nathan Canady to his
nephew John William Cobb (1856-1937) in the following deed, which is in effect
a "living will":]
Rockingham Co NC Deed Book 132 pages 54-55:
J. W. Cobb From Nathan Canady
State of North Carolina }
Rockingham County }
This Deed Made this 12 day of June 1901, by Nathan Canady of Rockingham County
and State of North Carolina of the first part, to J. W. Cobb of Rockingham
County State of North Carolina of the second part. Witnesseth That said Nathan
Canady in consideration of Three hundred & fifty Dollars to him paid by J. W.
Cobb the receipt of which is hereby acknowledged, has bargained and sold and
[by] these presents doth bargain, sell and convey to said J. W. Cobb and his
heirs all the right, title, interest and estate of the party of the first
[part] in and to two tracts of land in Rockingham County, State of North
Carolina adjoining the lands of _______ [this blank is in the original] and
others bounded as follows, Viz: Tract No. 1 as follows Beginning at a Dogwood
on the bank of the branch thence East with Mary Sanders now A Canady's line,
138 poles to a Rock, thence South 40 poles to another Rock, thence East 4
poles to a G--- [looks like Gueb], thence South 53 poles to a rock, thence
West 9 poles to a stump, John Canady's now Wm L. Walker's corner, thence South
13 ° East 22 poles to a stone, thence West along Cobb's now A Canady's line,
122 poles to a Rock thence with Paschal's now _____ [this blank is in the
original] line, North 5 ° East 52 poles to a Hickory, thence West 21 poles to
a dead white oak, thence North with Watt's line 66 poles to the first station
containing 96 acres & 94 [square] poles more or less. Tract No. 2 Bounded as
follows - Beginning at a white oak, [the next three words are underscored]
Evans now Bowmans corner thence West with that line 35 poles to a Post Oak
corner with R. B. Watts, thence with his line North 58 poles to a large White
Oak crossing one branch of Hogans Creek thence East 35 poles to a G--- [again,
looks like Gueb],thence South 58 poles to the first Station, containing by
estimation 12½ acres, more or less. As a part of the consideration, the said
J. W. Cobb binds himself to furnish Nathan Canady & his [John William Cobb's]
mother Sarah J. Cobb a Dwelling House & Kitchen on this land during their
natural lives.
To Have and to Hold the aforesaid tracts of land and all privileges and
appurtenances thereto belonging, to the said J. W. Cobb his heirs and assigns,
to his only use and behoof forever, and the said Nathan Canady covenants that
he is seized of said primises in fee and has right to convey the same in fee
simple: that the same are free and clear from all incumbrances, and that he
will warrant and defend the said title to the same against the claims of all
persons whatsoever.
In Testimony Whereof, The said Nathan Canady has hereunto set his hand and
seal, the day and year above written
his
Nathan X Canady {Seal}
mark
Attest - - - - Revenue Stamp attached 50 ¢
State of North Carolina }
Rockingham County }
I W. C. Staples Justice of the Peace do hereby certify that Nathan Canady
personally appeared before me this day and acknowledged the due execution of
the within deed of conveyance, Witness my hand and private Seal, this 12 day
of June A. D. 1901 W. P. Staples J. P. [Seal]
State of North Carolina }
Rockingham County }
The foregoing certificate of W. C. Staples a Justice of the Peace of said
County is adjudged to be in due form and according to law. Therefore, let the
Instrument with the certificates be registered.
This 1st day of July 1901 W. B. Wilson Dep
Clerk Superior Court
Filed for registration at 4:30 o'clock P. M. July 1st 1901
J. A. Scales
R. D.