Wasn't the Cardwell-Brodie lawsuit about the Thomas Cardwell and Mary
Joyce family? It was filed after Thomas Senior's death in 1800 and all
children except Thomas and (Jonathan) Leonard were labeled as "under
age" at that time and put under the guadianship of those two.
Were there 12 children: Jonathan, Thomas, John, Anderson, Caleb,
William, Richard, Dudley, Nelson, Mary, Sally, Nancy?
These are not my line but I had this stuck in my "possibles" file
(Possibly useful information.):
PETER CARDWELL 3
Peter CARDWELL, father of Susannah CARDWELL Davis, was born March 19,
1764. He married Margaret Anderson Joyce, daughter of John Joyce of
Rockingham Co., N.C. about 1785. Peter died in 1800, leaving no will.
Peter probably served in the revolutionary war, however no positive
proof has been obtained at this time. a Peter CARDWELL is listed as
having served for a period of several months in 1788, but as yet I have
been unable to prove this man as our ancestor.
The following is a copy of the inventory of Peter Cardwell's estate,
dated 15 January 1801:
2 iron wedges, 1 froe, 4 hammers, 2 hatchets,2 prizens &
clevis......- 18 -
3 augers, 4 chisels, 1 gauge, handsaw, foot adze & drawing knife.. 1
6 plains, square,&
chisel..............................................................
12
1 pr steelyards, staff, sheep shears, 1 flat
iron............................... 18
1 box
iron.....................................................................................
3
1 crose,1 howell, 1 jointer,compaper, taperbit, & round
shave...... 12
1 wheat sifter &
rope...................................................................
10
1 shot
gun....................................................................................
1 10
1 man's saddle &
bridle...............................................................
1 10
1 woman's saddle &
bridle........................................................... 3
1 pr. saddle
bags..........................................................................
1
1 looking
glass.............................................................................
8
11
chairs.....................................................................................
1 4
2 table cloths and
table................................................................
1 10
1 horse
phlegms..........................................................................
1 3
1 bottle case and 12
bottles........................................................
12
6 qt. bottles, 1 pottle jug and 1
qt............................................... 10
1 coffee
mill...............................................................................
12
5 pewter dishes, 8 plates, 4 basins, 1/2 doz.
spoons.................... 2 15
1 tin bucket, coffee pott, & lanthran, 2 pans, 2 small do,
3 funnels, 16 cups, & 1 pepper
box............................................ 1 4
3 bowls, 9 plates,
c.pott.............................................................
10
1 knife box, 5 knives and
forks.................................................. 6
1 beds, bedstead and
furniture................................................... 10
1 " " "
................................................... 7 10
1 " " "
................................................... 9
1 " " "
................................................... 4 10
1 cotton wheel and
flax.............................................................
1 1
2pr. wool cards, 1 pr.
cotton.....................................................
12
1 large bible, 1 small, 1
dictionary.............................................. 2 15
1 shoe knife,
hammer................................................................
12
1 brush and curry comb........................................... 3
2
chests...................................................................
2
1
slate.....................................................................
1 6
1 wagon
cloth.........................................................
1 10
486 . 10 . 9
Something happened within the family concerning the disposal of Peter
Cardwell's estate, because Susannah and her older sister Nancy brought
suit against their mother, beginning in 1811. I copy all the litigation:
Samuel Davis and Susannah his wife and James Traylor and Nancy his wife
Plaintiffs
against
in Chancery
Josiah LeGrand administrator of Peter CARDWELL deed and Margaret
CARDWELL widow of the said Peter CARDWELL and Richard CARDWELL, Martha
CARDWELL, and Peter
CARDWELL, infant children of the said Peter CARDWELL by William Watkins
their Guardian Defendants
This day came the parties by their attorneys and the plaintiffs filed
their supplemental bill in this suit and the defendants their answer
thereto Whereupon by consent of Plaintiffs by their attorneys. It is
further ordered and discussed that the commissioners appointed under the
interlocutory decree made in this suit the 6th day of November 1811 do
make sale of the whole of the lands in the decree mentioned instead of
dividing the same payable one half on the 25th day of December 1812 and
the other half on the 25th Day of December 1813 giving notice and taking
bond with approved security and divide the proceeds arising from the
sale of the said lands that is to say to the defendant Margaret the
widow one third thereof for her dower therin and the remaining two
thirds equally between the plaintiffs Susannah and Nancy and the
defendants Richard, Martha, and Peter by their guardian, and the
agreement of the said defendant Margaret, the widow, and that the
commissioners convey to the purchaser the fee simple estate in the said
land, and report the same to the court, that a final decree may be made
in this suit. It appearing that the lands will not be worth one hundred
dollars to each distribute.
-----
6 November 1811
Samuel Davis and Susannah, his wife, and James Traylor and Nancy, his
wife
Plaintiffs
against In Chancery
Josiah Legrand administrator of Peter Cardwell dec'd Margaret Cardwell
widow of the said Peter Cardwell and Richard Cardwell, Martha Cardwell,
and Peter Cardwell infant children of the said Peter Cardwell, by
William Watkins their Guardian...defendants
This day came the parties by their attorneys and the defendants by
their answers confess the allegations of the plaintiffs bill to be true
thereupon by consent as well of the plaintiffs as the said defendants
LeGrand and Margaret the widow by their attorneys, and the infant
defendants by their Guardian. It is ordered and decreed that a division
of the land, slaves, and personal estate for which the said Peter
Cardwell died seized and possessed be laid off into five fair and equal
parts Share and Share alike, and that one fifth part thereof be allotted
x--x--x--x--x and assigned as well be each of the plaintiffs Susannah
and Nancy, as well as be each of the defendants Richard, Martha, & Peter
sons and daughters of the said Peter Cardwell who died Intestate as in
the bill mentioned agreeable to the prayer of the said bill & as the law
directs first allotting off and assigning to the defendant Margaret the
widow her dower in the said land and one third of the slaves and
personal estate, of the said Intestate & Samuel Spencer, Thomas C.
Spencer,
Peter Claybrooke, and John Morton or any three of them are appointed to
make such allotment and division between the parties and to assign to
the widow her dower and report the same to the court that a final decree
may be made in this suit, T administrator being first indemnified for
Claims against his Intestates Estate.
_____________________
Ordered that Samuel Spencer, Thomas C. Spencer, Peter Claybrook and John
Morton or any three of them do settle and adjust and account current of
the Estate of Peter Cardwell dec'd and report the same to the court.
--------------------
August court, 1812
It is ordered that the Interlocutory decree made in this suit the
third day of March 1812 be so amended that the commissioners after the
first laying off and assigning to the widow her dower in the lands in
the decree mentioned, do make sale of the residue of the said land at a
credit payable one half of the first day of March 1813 and the other
half the first day of March 1814 and make contribution of the proceeds
arising from the sale among the parties entitled, agreeable to the said
decree and report same to the court that the decree may be made final.
Margaret A. Cardwell returned to Rockingham County, N.C. about 1815, and
remained there until her death in 1850. She lived with her bach3elor
son, Peter A., who died 11 July 1847 Both their wills are listed
herein:
***from the book of Davis and Allied Families written by Mayola Davis
1967[davis.FTW]***
More About PETER CARDWELL:
Property: 1800, See Notes for Peter Cardwell
Notes for MARGARET A. JOYCE: [G697.ged.FTW] [davis.FTW]
WILL OF MARGARET CARDWELL
In the name of Almighty God, I Margaret Cardwell being of sound mind and
memory do make and declare this my last will and Testament. first That
all my just debts be paid by my Executors.
Item. It is my will that my executor sell my house and lot and all other
land I may have and all my property of whatever discription and pay over
the proceeds(with the Exception herein mentioned) to my daughter susan
Davis of Tennessee and her heirs.
Item. It is my will that out of the proceeds of my estate my Executor
purchase a Negro boy named Grandison lately belonging to my son Peter A.
Cardwell and now in my possesion as a gift from me to Peter Cardwell son
of my friend Joseph H . Cardwell, and in case said slave should die
before me then it is my will that my Executor should pay to the said
Peter Cardwell the sum of two hundred dollars which I give to him and
his heirs forever.
Item. I will and direct that my friend and Kinsman Joseph H. Cardwell
shall have a liberal compensation out of my estate for the trouble and
expenses he has incurred in the management of my affairs heretofore and
for such as he may incur.
Lastly. I name and appoint Joseph H. Cardwell Executor of this my last
will hereby revoking any other will and testament by me heretofore made
in witness whereof I do hereunto set my hand and seal this fifth day of
March A.D. one thousand eight hundred and fifty.
Signed sealed and published by
the testatrix in our presence and Margaret Cardwell LS
witnessed by us at her request.
Thos. d. Rosebrought
U. Stamps
Note: The Joseph H. Cardwell mentioned in these two wills was the son of
Joel and Mariah (scales) Cardwell, and great nephew of Peter and
Margaret Cardwell. Many of his decendants still live in the Madison
(Rockingham County), North Carolina area.[davis.FTW]