DESCENDANTS OF STEPHEN PANKEY... and where they were in 1863.
On this page is an example of the kinds of records which will be published in my next book, "Richmond County Estate Settlements". I have decided to share this particular record now because of its unusual amount of informative material, and to ask you to watch this website for more information about this publication. There are 69 boxes of original estate records at the NC Archives with approximately fifty file folders per box. The estimated publication date will be sometime next year. Please visit often for updates.
The information on this page is transcribed from original papers found in the "Elijah Covington - 1874" folder. Thanks, Enjoy,
Myrtle Bridges .
Posted May 8th, 2000
State of North Carolina, County of Richmond - Probate Court. Robert S. Ledbetter and S. T. Cooper, Executors of Stephen Pankey, deceased, Plaintiffs, Against Lucy Covington, the Administrator of Elijah Covington, James Pankey, Samuel Pankey, Nancy Wilson, Elizabeth Covington, James H. Covington & wife Martha Covington, Stephen Sproles, Mary A. Fowler, Lewis Gober, Thomas Gober, M. C. Pankey, J. H. Armswarthy and wife Jane, Green Brown and wife Caroline, Ruffin Brown and wife Martha, James E. Smith and wife Rebecca, Stephen Pankey, Robert Pankey, John Pankey, William Pankey, Nancy Pankey, and other heirs of Mastin Pankey, the heirs of Hampton Pankey, Darius Robinson, and wife Eliza J. Robinson, G. L. Whitmore and wife Rebecca Whitmore, James Hancock, Robert Hancock, Stephen Pankey, Rebecca Shepherd and Daniel Pankey, Defendants. The Petitioners complaining as executors as aforesaid show:
1. That they qualified as executors of the last will and testament of Stephen Pankey, deceased, at July Term A. D. 1863, of the Court of Pleas and Quarter Sessions for the County of Richmond.
2. That they have duly executed said will by collecting the debts due by their testator, by delivering the specific legacies, except the Negroes, which were emancipated, and a note of twenty five dollars and fifty seven cents bequeathed to Daniel Pankey, which they are ready to deliver when called for, and by selling the residue of the estate under the directions of the will, and collecting the proceeds as far as they were able.
3. That they have filed the final account of their administration of their testators estate in the Probate office for the County aforesaid, from which it appears that there was in the hands of R. S. Ledbetter, on of the plaintiffs, as executor as aforesaid, the sum of nine hundred and thirteen dollars and one cent, and in the hands of S. T. Cooper, the other plaintiff, as executor aforesaid, the sum of fifteen hundred and thirty nine dollars and seventy six cents on the 1st day of May, A. D. 1874, belonging to their testator's estate for distribution among the parties entitled under the will according to their respective rights.
4. That they are advised that under the will, a copy of which marked "A" is herewith filed and asked to be taken as a part of this petition, after paying the costs of this proceeding, the testator's children, Lucy Covington, who resides near Bennettsville, South Carolina, James Pankey, who resides at Bolivar, Tennessee, Nancy Wilson, who resides at Durant, Mississippi, Samuel Pankey, who resides at Cannon, Mississippi, & S. T. Cooper, one of the plaintiffs in this proceeding are each entitled to on hundred and twenty seven hundred and sevenths of the balance of the fund on hand; that the children of his deceased daughter Polly Sproles, or Polly Gober, to wit: Martha Covington Sproles, who resides at Vaden, Mississippi, Mary A. Fowler who resides in the State of Texas, but whose post office is unknown, Lewis Gober, who resides at Vaden, Mississippi, and Thomas Gober, who resides at Carthage, Mississippi, are together entitled in equal proportions to forty seven hundred and sevenths; that his daughter Elizabeth Covington, whose place of residence is unknown, if living, (or her children & grandchildren taking per stirpes, if she be dead,) and Rebecca Shepherd and Stephen Pankey, children of our testator's deceased son Stephen Pankey, who reside at Jackson, Tennessee, are each entitled to twenty seven hundred and sevenths; that the children of his deceased son Hampton Pankey, whose names and residences are all unknown, are together entitled in equal proportions to two seven hundred and sevenths; that the children of his deceased daughter Sarah Usher, to-wit: Eliza J. Robinson, wife of Darius Robinson, who resides at Hickory Valley, Tennessee; Rebecca Whitmore, who resides at Corinth, Mississippi; & the grandchildren of his said daughter Sarah Usher, to-wit: James Hancock and Robert Hancock, representing their deceased mother Sarah Hancock, taking per stirpes are together entitled to equal proportions to two seven hundred and sevenths; that the children of his deceased son Mastin Pankey, to wit: M. C. Pankey, who reside at Moss Point Mississippi, Jane Armsworthy, wife of J. H. Armswarthy, who resides at Linden, Texas; Caroline Brown, wife of Gwinn Brown, who resides at Dangerfield, Texas, Martha Brown, wife of Ruffin Brown, who resides at Bryan Station, Texas; Rebecca Smith, wife of James E. Smith, who resides at Ringgold, Louisiana, Stephen Pankey, John Pankey and Robert Pankey, who reside at Salisbury, Tennessee; William Pankey & Nancy Pankey, who reside in the State of Arkansas, but whose post offices are unknown are, together entitled in equal proportions to two seven hundred and sevenths; and that Daniel Pankey, child of his son Auza Panky is entitled to one seven hundred and sevenths of the balance of the fund on hand.
5. That after the death of our testator, the said Lucy Covington transferred her interest in the estate of her father to one Elijah Covington, who resided and died at Bennettsville, South Carolina, but the name of his administrator is unknown to your petitioners.
6. That by virtue of said transfer they are advised that the administrator of the said Elijah Covington has become entitled to the interest of the said Lucy in the funds on hand for distribution under her father's will.
7. That plaintiffs hold a promissory note under seal on the said Elijah Covington for three hundred and three dollars and twelve cents, payable one day after date and dated 27th February A. D. 1861, given to their testator before his death, which they have not been able to collect heretofore, the principal & interest of which amounts to more than the proportion of the balance in their hands due the estate of the said Elijah Covington, as assignee of the said Lucy, and they are advised that it is their duty to apply the amount to which the said Elijah's estate is entitled as assignee of the said Lucy to the increase of the amounts of the fund on hand to which the other defendants are respectively entitled in the following proportions to wit: To James Pankey, Nancy Wilson, Samuel Pankey, and S. T. Cooper, one hundred and twenty five hundred and eighty sevenths each; to the children of Polly Sproles or Polly Gober, forty five hundred and eighty sevenths together; to Elizabeth Covington, if living, or to her children taking per stipers, if she be dead, twenty five hundred & eighty-sevenths. To Rebecca Shepherd & Stephen Pankey twenty five hundred and eighty sevenths each; to the children of Mastin Pankey together, two five hundred and eighty-sevenths; to the children of Hampton Pankey, two five hundred and eighty-sevenths together; to the children of Sarah Usher, two five hundred and eighty-sevenths together; and to Daniel Pankey, one five hun-dred and eighty-sevenths.
Wherefore they pray that summonses be issued to each of the defendants herein, together with copies of the petition, and that publication be also made as the non-resident defendants, commanding them to be and appear before Dugald Stewart, Clerk of the Superior Court for the County of Richmond, State of North Carolina, at his office in Rockingham, on or before the 21st day of November, A. D. 1874, and answer or demur to the allegations of this petition and further notifying them that if they fail to do so that the plaintiffs will demand a judgement, approving and confirming their said final account, filed as aforesaid, and declaring the parties entitled to the balance in hand, and also to the interest of Lucy Covington assigned to Elijah Covington, according to their respective rights, as set forth in this petition, and for such other relief as to the Court may seem meet and just. John W. Cole, Attorney for Petitioners
LAST WILL AND CODICILS OF STEPHEN PANKEY
I Stephen Pankey, Sen'r of the County of Richmond & State of North Carolina, now in the ninety third (93) year of my age, do this the 5th day of June in the year of our Lord, eighteen hundred and sixty, make and publish this my last will and testament in manner following, that is to say, I give and bequeath as follows; to wit: Unto my daughter Lucy Covington, three thousand (3,000) dollars. Unto my son James Pankey, three daughters, Nancy Wilson, three thousand (3,000) dollars.
Unto my son Samuel Pankey three thousand (3,000) dollars.
Unto the children of my deceased daughter Polly Sproles, and the issue of such as are dead, if any, one thousand (1,000) dollars.
Unto my daughter Elizabeth Covington, if living, and if not, to her children and their issue if any are dead, five hundred (500) dollars.
Unto the children of my deceased son Mastin Pankey, fifty (50) dollars. Unto the children of my deceased son, Hampton Pankey, fifty (50) dollars.
Unto the children of my Daughter Sarah Usher deceased, fifty (50) dollars. Unto Rebecca Pankey and Stephen Pankey, two of my deceased son Stephen Pankey, Jr. children five hundred (500) dollars each.
Unto Daniel Pankey, son of my son Auza Pankey deceased twenty five (25) dollars and release him from the payment of any debts he may be owing me.
Unto my grandson, Stephen Thomas Cooper, three thousand (3,000) dollars and my Negro slave, Old Mariah, and Ann and Wesley, children of Judy, my said grandson agreeing to live with me and take good care of me and said old Mariah during our lives:
I also devise and bequeath unto the said Stephen Thomas Cooper about three hundred acres of land, more or less, all adjoining and being the lands I purchased of Nelson G. Chance, Samuel Newberry, John Bennett and that I first bought of old Mr. Jonathan Newberry except a few acres thereof which I sold to Solomon Townsend, which said lands embrace my dwelling-house, barns, cribs, mill, etc., to him, his heirs and assigns, forever. I give and bequeath unto my daughter Nancy Wilson, my Negro woman Judy and three of her children namely Esther, Oliver and Rachel, and also Negro girl Caroline which I put in her possession sometime last year, to her, her heirs and assigns forever.
I direct and authorize my executor herein after named, to collect all debts and contracts due and owing to me, to sell to the highest bidder upon twelve months credit all the residue of my estate, real, personal, mixed or of whatever nature it may be, and after paying my just debts and all expenses incident to the execution of this will, to divide the balance among my children, Lucy Covington, James Pankey, Nancy Wilson, children of my daughter Polly Sproles, (the said children and the issue of such as may be dead taking per stirpes,) Elizabeth Covington (or, if dead her children and issue taking per stirpes, and my grand-son Stephen Thomas Cooper, share and share alike.
And lastly I hereby make and ordain my worthy friend B. B. McKenzie executor of this my last will and testament, hereby revoking and declaring utterly null and void all former wills and appointments by me made. In witness whereof I the said Stephen Pankey, Senr. Have to this my last will and testament set my hand and seal the day and year aforewritten. Stephen Pankey Senr. [L.S.] (X his mark) Signed, sealed and published and declared by the said Stephen Pankey Senr. As his last will and Testament in the presence of us who were present at the time of signing and sealing thereof. James P. Leak and John W. Leak.
Codicil: I Stephen Pankey, Senr. of Richmond County, North Carolina do make this codicil to be taken as a part of my last will and testament above as follows. Whereas I have in the residuary clause of my said will, directed my executor named in the will "to sell" the residue of my estate, and after paying my just debts and all expenses to divide the balance among my children, Lucy Covington, James Pankey and so on. Now I revoke the said clause and direction so far as my daughter Lucy Covington is concerned, and direct the said balance or residue to be divided among the others therein named, to wit: James Pankey, Nancy Wilson, the children of my daughter Polly Sproles, the said children and the issue of such as my be dead taking per stirpes
Elizabeth Covington (or, if dead, her children and issue taking per stirpes, and my grandson Stephen Thomas Cooper, share and share alike.
I give and bequeath to my grandson Stephen Thomas Cooper, my buggy & buggy mare, also one bed, bedstead and furniture and one years provision which provision, I request my neighbors, Solomon Townsend and Jesse Baldwin Esq. to lay out and determine. Lastly, I hereby revoke the appointment of my friend B. B. McKenzie as executor of my aforesaid last will and testament and of this codicil; to execute the same according to the true intent and meaning thereof. In witness whereof I hereunto set my hand and seal, this 2nd day of April, A. D. 1861.
2nd Codicil:I Stephen Pankey Senr. of Richmond County, N.C. do make this my 2nd codicil to be taken as part of my last will and testament and codicil foregoing, namely. I give and bequeath to my grand daughter Martha Bennett, daughter of my daughter Polly Sproles, my little Negro boy named Nathan, to her, her heirs and assigns forever. I give and bequeath to my grandson Stephen Thomas Cooper, my Negro man Daniel, to him his heirs and assigns forever. It is my wish, direction and bequeath in case any of my children or grandchildren named in my said will or codicils are dead, or die before I do, that the property, legacies, etc., left to them, shall go to their children and their issue, each set representing their parent and taking this codicil be executed by the executor named in first codicil. In witness whereof I have hereunto set my hand and seal this 1st May A.D. 1863. Stephen Pankey.
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