LEWIS SHAPARD: SOURCES 3

1.     January, 1808 (Family Search, North Carolina Estate Files, Caswell County , Michael Nicholson)

                Elizabeth M. Nicholson orphan in a/c with Lewis Shapard guardian. January 1808. By your proportionable part of Michael Nicholson estate – 119.4.2; By interest the same 1 year– 7.3.0; [total] 125.7.2; To boarding, clothing and schooling from Jany 1807 to Jany 1808 – 7.3.0;  Balance due orphan – 119.4.2.

Polly Nicholson orphan in a/c with Lewis Shapard guardian. January 1808. By your proportionable part of Michael Nicholson estate – 119.4.2; By interest the same 1 year– 7.3.0; [total] 125.7.2; To boarding, clothing and schooling from Jany 1807 to Jany 1808 – 7.3.0;  Balance due orphan – 119.4.2.

                Sally P. Nicholson orphan in a/c with Lewis Shapard guardian. January 1808. By your proportionable part of Michael Nicholson estate – 119.4.2; By interest the same 1 year– 7.3.0; [total] 125.7.2; To boarding, clothing and schooling from Jany 1807 to Jany 1808 – 7.3.0;  Balance due orphan – 119.4.2.

                                                                                                                                (signed) Lewis Shapard guard.

2.     January 2, 1808 (Paine Family Bible)

Robert Paine died (Martha’s father)

3.     January 28, 1808 (Caswell County Court Minutes, Family Search, p 731)

Daniel Sullivant assignee of Matthew Clay vs Marina Duke Williams The following jury sworn….Lewis Shapard…

Note: Lewis also was on jury of Jesse Carter vs John Buchanon and Jane Reid vs John Roper and Archibald Samuel on same day.

Ordered that Francis Rice be appointed constable he having entered into bond with Lewis Shapard and Duke Williams securities in the sum of 500 pounds for his faithful performance.

Ordered that Francis Smith be appointed constable he having entered into bond with Lewis Shapard and Daniel Gregor securities in the sum of 500 pounds for his faithful performance.

4.     January 30, 1808 (North Carolina Probate Records, Person, Wills & Inventories 1807-1811)

                Know all men by these presents that we Lewis Sheppard of the County of Caswell & Edmund Shelton of the County of Person of the stet of North Carolina are held and firmly bound unto William Cocke  Chairman of the County Court of pleas and ____ and his successors in office in the sum of eight hundred and thirty five pounds  sixteen shillings and four pence Virginia money to which payment will and truly to be made we bind ourselves our ___ of our heirs Executed & administered Jointly ____ firmly by these presents sealed with our seals and dated 30^th day of January 1808

                The condition of the above obligation is such that whereas the above bounden Lewis Sheppard one of the legats of the estate of Robert Paine deceased late of the county of Person aforesaid, hath received and had delivered to him by the Executor of said deceased, property in negros to the amount of four hundred and seventeen pounds eighteen shillings and two pence Virginia money. Now if the said Lewis Sheppard his heirs executor and administrators do and shall will and truly pay his ratable part of all such debts and demands as shall be legally recovered against the estate of  the said Robert Paine deceased then the above obligation to be void, otherwise to remain in full force and effect in law. Signed sealed and delivered in presence of Robert Paine. Lewis Sheppard (Seal), Edmund Shelton (Seal). State of North Carolina Person County August Term 1808. The executor of this Bond was duly acknowleeged in open court and ordered to be recorded.

5.     January 30, 1808 (Robert Paine Estate file)

                Lewis Shapard purchased from the Estate of Robert Paine on January 30, 1808: One side upper leather 18/1, two deer skins for 3.3.1

6.     February 8, 1808 (Person County, North Carolina Wills, inventories 1807-1811, image 39-42)

                Robert Paine will dated September 18, 1807. Sons; James, Robert and Solomon; grandson Robert son of James, all my children; Martha “Patsy” Shapard (husband Lewis Shapard), James Paine, Sarah Brooks (husband William Brooks), Polly Shelton (husband Edmund Shelton), Robert and Solomon Paine. Witness – Rev. William Browne*.

February 8, 1808, settlement of estate of Robert Paine. Lewis Shapard by right of his wife Martha “Patsy” Shapard received a division of the slaves of Robert Paine deceased: Davey, a fellow, valued at $425; Denny, a fellow, valued at $250; Nancy, a woman, valued at $350; Daniel valued at $200; Jean valued at $250; Total $1,475 (converted to pounds at 737.10.0)

Note: At the time of his death Robert had 24 slaves, many whom were sold in his estate sale. He was a very wealthy man as evidence by his inventory: 24 slaves, 8 horses, 47 head of cattle, 63 hogs, 14 sheep, 18 geese, tremendous amount of furniture and household and farm items.

Note: Rev. William Browne was a Baptist minister and resided over the Ebenezer Primitive Baptist Church in Person County from 1793-1828. In his will, Robert Paine gave him one of his slaves, a man named ‘Jo’.

Note: Robert also gave one of his slaves (a girl named Lucy) to his grandson Robert Paine, the son of James. This grandson is the future Bishop Robert Paine of the Methodist Episcopal Church South.

Note: Martha’s sister was Sarah Brooks who married William Brooks. James Shapard (Lewis’ brother) married Frances Brooks. Lewis first son was named William Brooks Shapard. How all related?

Note: From the book The Life of Bishop Robert Paine by R.H Rivers. Southern Methodist Publishing House, 1885 “Robert , the grandfather of the Bishop, was also a physician, and was among the patriots of the Revolutionary War, and was commander of a company. After the close of the war he was elected to the Legislature of his native State, and became a prominent member. He was a sensible, pious and generous-hearted Christian gentleman. He died in 1808, universally honored and respected…James, the oldest son of Dr. Robert Paine, was the father of the Bishop. He was educated at the University of North Carolina, and was married to Miss Nancy A. Williams on January 7, 1799. He was for many years the efficient clerk of the High Court in his native county, and held the office until his removal to Giles county, Tennessee, in 1814. (pg 23)

“The parents of [Bishop] Robert Paine were up to this time members of no Church. They were inclined to the Baptist denomination…(pg 26)

Note that the “parents’ referred to above was the brother of Martha Paine.

Note: Robert Payne was elected to the North Carolina Senate in 1788 from Caswell County. In 1789 this General Assembly (meeting of the House of Commons and the Senate) that ceded the land west of the Appalachian mountains to the US government as part of north Carolinas national debt. They also established the University of NC and appropriated funds to build the first buildings on campus. During the General assembly of 1790 Robert Payne was senator and established the Southwest Territory west of the Appalachian mountains which later became the state of Tennessee in 1796. In addition on November 4, 1790, Senator Robert Payne presented to the General Assembly a petition from the inhabitants of Caswell County requesting a division of the county which was passed and sent to the House of Commons. This created Person County from a portion of Caswell County. He was not listed as a senator in 1791.

7.     March 2, 1808 (North Carolina Probate Records, Person, Wills & Inventories 1807-1811)

                Account of the property offered by representatives at sale of Robert Paine deceased. Property given to Aggatha Paine on 2^nd March 1808 and Aggatha would not receive it.

                Lewis Shapard purchased 1 bed and furniture at $5.5.0; small bottle, pot and firedogs at $0.14.0; jug of oil, speckled cow at $3.8.0; 2 white cows at $5.8.0; yoke oxen and flax basket at $12.5.0; Heifer at $1.10.0; Total $28.10.0

8.     April 1808 (Shapard a Family History)

                Martha Shapard was born in Person County, North Carolina. Child of Lewis and Martha.

Note: Martha married Joshua Wilson McCown, Sr. (Source: History of Texas… Lewis, 1893, p. 481-485): “Joshua Wilson McCown, Sr., …was born in Bardstown [Nelson County, KY], February 5, 1804 and was reared there. He went to Tennessee when a young man and in Columbia, [Maury County, TN] that state, on April 22, 1828, married Martha Shapard, a native of Tennessee, born April, 1808. He resided in Tennessee until 1837, when he moved to Texas and settled in Washington county, where he lived until 1848, at which date he came to Cameron, Milam county, where for several years he was engaged in the mercantile business. Later he lived in Houston and at other points in the state, and is still living, being now a resident of Whitney, Hill county. He has been twice married, and has raised to maturity fourteen children. His first wife died at Houston in 1852…”

9.     June 29, 1808 (Caswell County Court Minutes, Family Search, p 749)

Ordered that the following persons be appointed a jury to view and lay off and turn the road near Solomon Debows Mill crossing where the bridge is to be built, to wit, Barzillia Graves, Graves Howard, Josiah Morton, Francis Smith, Henry Willis, Solomon Debow, Lewis Shapard, Humphrey Roberts, William Graves, Robert Martin, Richard Martin, Francis Smith Sr., Capt. John Graves and Jacob Hart.

10.   August 1808 (Person County, North Carolina Will Book)

                Account of sales of Robert Paine. Settlement of estate of Robert Paine. Lewis Shapard purchased one side upper leather for$ 0.18.0 and two deer skins for $0.45.0.

11.   August 5, 1808 (Caswell County Court Minutes, Family Search, p 756)

Agreeable to an order of Caswell County Court June term 1808 directing a jury to view and turn and lay off the road near Solomon Debows Mill crossing where the bridge is to be built and we the subscribing being summoned by the sheriff and having met on the premises as jurors for that purpose and after having been sworn do say as follows to the Beginning on the south side of the creek leaving the present road where the old road did and running the old road to where the bridge formerly stood. (signed many names, not Lewis Shapard) August 5, 1808.

12.   September 1808 (Caswell County North Carolina Road Docket, September 1808 Court)

Overseer appointed: Lewis Shapard – [To build road] from Shapard’s Pathe to the bridge over County Line Creek.

Note: see entry for July 1811, and September 26, 1808, and September 30 , 1808.

13.   September, 1808 (Civil Action Papers, Caswell County,1807-1808)

On the sixth Monday after the fourth Monday of September 1808 Lewis Shapard was a witness in the case of Daniel Gwyn vs. Peter McKinney.  Lewis was paid by the court $1-3-0 which was issued to him by Alexander Murphey the Court Clerk.

14.   September 28, 1808 (Caswell County Court Minutes, Family Search, p 752)

Ordered that Lewis Shapard be and is hereby appointed overseer of the road from Shapards Pathe to the bridge over Country Line Creek, with his own hands, Barziellai Graves hands, George Martin, John Richmond, Humphrey Roberts and the widow Rices hands to work thereon.

15.   September 30, 1808 (Caswell County Court Minutes, Family Search, p 755)

Peter Byson vs Marmaduke Williams. The following jury sworn…Lewis Shapard…

Ordered that Lewis Shapard be and is hereby allowed the sum of 90 pounds for building and supporting a bridge on Country Line Creek at Debows Mill with interest from the date hereof till paid and that the County Trustee pay the same accordingly.

16.   November 29, 1808 (Granville County Deed Book T, p. 352, Shapard to Royster & Shapard)

This is to certify that I Lewis Shapard do relinquish, disclaim and aquit myself of all right title, interest and claim to the bid that I made when bid of for the land sold by Thomas Shapard and Frances Royster as trustee for William Shapard deceased of Granville County North Carolina near Williamsborough on the 26^th day of November, 1808 to Thomas Shapard and Frances Royster for to divide in parcels and sell to suitable purchasers and dispose of the way that they think will be most advantageous for the legatees of the said William Shapard deceased and to dispose of the money or moneys arising for the sell of the said land or lands in the same way or manner as though they were acting upon deed of trust made to them by William Shapard deceased dated the 2^nd day of February, 1807. Given from under my hand and seal this 29^th day of November 1808.                                                     (signed) Lewis Shapard

Test: Banister Royster and Robert Royster

                State of North Carolina Granville County May Court A.D. 1809. The within relinquishment was duly proven in open court by an oath of Robert Royster a subscribing witness there to and ordered to be registered. Test: Sneed

17.   December 26, 1808 (Caswell County Court Minutes, Family Search, p 758)

Ordered that the administration of the estate of William Donoho deceased be granted to Duncan Rose, the widow of said deceased having relinquished her right of administration to him, he having entered into bond with John M__, Solomon Debow, Daniel Darby and Lewis Shapard securities in the sum of 5000 pounds for his faithful performance thereof and letters of administration issued accordingly.

Ordered that Barzillai Graves hands hereafter work on the road where Zenaz Bush is now overseer and that they be exempt from working hereafter on that part where Lewis Shapard is overseer.

18.   1809 (Shapard a Family History)

                Thelia Shapard was born in North Carolina. Child of Lewis and Martha

19.   March 17, 1809 (Family Search, North Carolina Estate Files, Caswell County , Michael Nicholson)

                Elizabeth M. Nicholson orphan in a/c with Lewis Shapard guardian. March 17, 1809. By your proportionable part of Michael Nicholson estate – 119.4.2; By interest the same 1 year and 2 months – 8.6.10; [total] 127.11.0; To boarding, clothing and schooling from Jany 1808 up to March 1809 – 8.6.10;  Balance due Elizabeth M. Nicholson orphan – 119.4.2. (signed) Lewis Shapard

                Polly Nicholson orphan in a/c with Lewis Shapard guardian. March 17, 1809. By your proportionable part of Michael Nicholson estate – 119.4.2; By interest the same 1 year and 2 months – 8.6.10; [total] 127.11.0; To boarding, clothing and schooling from Jany 1808 up to March 1809 – 8.6.10;  Balance due Polly Nicholson orphan – 119.4.2. (signed) Lewis Shapard

                Sally P. Nicholson orphan in a/c with Lewis Shapard guardian. March 17, 1809. By your proportionable part of Michael Nicholson estate – 119.4.2; By interest the same 1 year and 2 months – 8.6.10; [total] 127.11.0; To boarding, clothing and schooling from Jany 1808 up to March 1809 – 8.6.10;  Balance due Sally P. Nicholson orphan– 119.4.2. (signed) Lewis Shapard

20.   March 28, 1809 (Civil Action Papers, Caswell County,1810-1813)

State of North Carolina. To the sheriff of Caswell County greeting. You are hereby commanded to summon Barzillai Graves Jr., Groves Howard, William Smith, William Chandler and John Pinson, personally to be and appear before the Judge of our Superior Court to be held for the County of Caswell on the sixth Monday after the fourth Monday of September next then and there to give witness in behalf of Stephen Chandler in a suit pending in said Court whereas Lewis Shepard is plaintiff and Stephen Chandler is defendant and this they shall in no wise [fail] under penalty of law. Prescribed, Witness Alexander Murphey Clerk of our said Court at office the sixth Monday after the fourth Monday of March A.D. 1809 and the 33^rd year of American Independence.

21.   March 30, 1809 (Caswell County Court Minutes, Family Search, p 773)

Ordered that the following persons be appointed jurors to the next County Court, to wit,…In Gloucester District: James Scott, William Kimbrough, Nathan Slade, Lewis Shapard, Thomas Haralson, James Wilder, William Culberson and William Owen…and that the Sheriff summon the same accordingly.

Note: Lewis is not listed as in St. David District.

(774) An account of Lewis Shapard as guardian for Elizabeth M. Nicholson, Polley Nicholson and Salley P. Nicholson was duly returned to Court on oath and on motion ordered to be recorded.

22.   April 27, 1809 (Civil Action Papers, Caswell County,1810-1813)

State of North Carolina. To the sheriff of Caswell County greeting. You are hereby commanded to take the body of Stephen Chandler if to be found in your County and him safety keep so that you have him before the Judges of our Superior Court of Law & Court of Equity to be held for the County of Caswell at the Court House on the sixth Monday after the fourth Monday of March next then and there to answer Lewis Shapard of a plea of trespass on the case for slanderous words spoken to his damage five hundred pounds. Herein fail you not and have you then and there this writ. Witness Alexander Murphey Clerk of our said Court at office the sixth Monday after the fourth Monday of September the XXXIII year of Independence A.D. 1809. (signed) A. Murphey 27^th day of April A.D. 1809.

23.   May 2, 1809 (Caswell County NC, Deed Book R, p. 128)  between William B. Brooks of Caswell Co., and James Shapard of Orange Co. for $120 Whereas Richard Brooks, late of Caswell Co., died possessed of land on waters of Stoney Creek and Rolands Fork being 420 acres. Beginning at a staked corner of Alexander Kerr running thence north 30 poles to post oak, thence west 120 poles to a post oak, thence north 32 degrees west 221 poles to Spanish and red oak, thence west 60 poles to red oak, thence south 408 poles to blackjack, thence east 307 poles to ash on William’s line on a branch of Stoney Creek, thence by meanders of the branch to the first station. The land being willed by said Richard to be divided between his sons William B. Brooks and John Brooks which part so willed William B. Brooks hath conveyed to William Clefton (Clifton), John Brooks dying, his part so willed divided to William B. Brooks and James Shapard in right of his wife Frances Armistead Brooks. (signed) W.B. Brooks

Note: This land and plantation was purchased by Richard Brooks from George Barker in 1787 (Caswell Co. Deed book E, 300).

Note: Brush Arbor Baptist Church records (familysearch image 28) it states that in July and August of 1812 “Mr. Shepherd” had a dispute with Brother Clifton that was resolved by the congregation. It is noted that James Shapard’s daughters became members of this church in 1821. This reference could be either James or Lewis.

24.   July 17, 1809 (Civil Action Papers, Caswell County,1810-1813)

State of North Corolina. To John McAllister & Robert Hunter Gentlemen Justices of Campbell County in the State of Virginia greeting. We reposing special trust and confidence in your integrity and by these presents otherize and impower you to have Anderson Williams to appear before you at such time and place as may be appointed and then and there him an oath to examine touching all such matters and things as he shall know of and concerning a certain matter of controversy in our Superior Court of Law to be held for the County of Caswell pending wherein Lewis Shapard is plantiff and Syephen Chandler defendant and this deposition in writing by you to taken the same to transmit sealed with your seals to our said court to be held for the County aforesaid at the Court House on the sixth Monday after the fourth Monday of September next then and there to be read in evidence in behalf of said Lewis Shapard in said controversy. Witness Alexander Murphey Clerk of said Court with the seal of office annined this 17^th day of July in the XXXIVth year of American Independence A.D. 1809.

25.   June 26, 1809 (Caswell County Court Minutes, Family Search, p 776)

The following persons were drawn and sworn as Grand Jurors, to wit, …Lewis Shapard…

26.   June 28, 1809 (Caswell County Court Minutes, Family Search, p 777)

 Ordered that Elijah and Barzillai Graves have leave to keep an ordinary at their own house at Caswell Court House, they having entered into bond with Lewis Shapard security in the sum of 300 pounds for their faithful performance thereof.

27.   July 31, 1809 (Civil Action Papers, Caswell County,1810-1813)

Mr. Stephen Chandler, Please to take notice that on the seventh day of September next at the dwelling house of James Anderson in the County of Campbell in Virginia I shall proceed to take the deposition of Anderson Williams, to be read in evidence in the suit now pending in the Superior Court of Caswell County in North Carolina wherein myself are plantiff and you are defendant when and where you may attend for the purpose of cross examination. (signed) Lewis Shapard 31^st July 1809.

28.   September 7, 1809 (Civil Action Papers, Caswell County,1810-1813)

Common Wealth of Virginia. In execution of a commission to us directed issuing from the Superior Court of Law of Caswell County and State of North Carolina to take testimony in a suit in the said Court depending wherein Lewis Shapard is plantiff and Stephen Chandler defendant, we have caused Anderson Williams to come before us this seventh day of September in the year of our Lord 1809, at the house of James Anderson in the County of Campbell aforesaid who being of lawful age and duly sworn deposit. Saith that some time in March 1806 this despondent moved from Caswell County North Carolina at which time Stephen Chandler was in my debt a small sum which became due about the 25^th of next December. Sometime about the last of February or first of March following this despondent returned to Caswell at which time the said Chandler paid me a twenty shilling bill and agreed to pay Lewis Shapard the balance as he was left to settle my business in that County. The said Chandler and myself made no settlement at that time, believing that he would pay the said Shapard what was right. About the first of December 1808 this despondant returned to Caswell and called on the said Lewis Shapard for a settlement, at which time the said Shapard produced to me an account that appeared to be settled in the handwriting  of John Yancy and the said yancys name signed as a witness which the said Shapard told me was an account that the said Chandler had rendered to John Yancy as a full amount of the accounts between this despondant and the said Chandler. I found that all the articles which the said Chandler was indebted to me for was not stated in that account. I took the account and went to the said Chandler for a further settlement as was some chain that he bought of me that was not stated in that account. And the said Chandler said that he thought it was all settled, that the said Shapard had warranted him and raised an account in favor of this despondant and swore to it.  I replied that if the said Shapard had done so he was very wrong and had sworn to what he knew nothing about. The said Chandler then said that he would not be conpedent, but that he believed that he did swear to it. I then showed the said Chandler the account that the said Shapard gave me that appeared to be in the handwriting of John Yancy as before mentioned. Chandler said, then (having the account in his hand) said he knew nothing about any such account, that he had no hand in the settlement, and he believed that  the said Shapard had forged it.

                Question: Is the annexed account the one alluded to in the forgoing part of this deposition?

                Answer: I believe it is the same. And this despondant further saith not.

                                                                                (signed) Anderson Williams, John McAllister J.P., Ro. Hunter J.P.

(Account ticket) Stephen Chandler in account with Anderson William (lists amounts of $4-9-6 illegible then states that the balance sum is $0-19-6. Agreeable to settlement made my present. (signed)  J. Yancy

Note: Stephen Chandler (b. circa 1781) was the son of Joseph Chandler (1736-1805). Joseph had 9 children: James (1761), Elizabeth (1763), Lucinda (1766), Susannah (1768), Joseph (1769), Edmund (1773), Sarah (1775), William (1779) and Stephen (1781). Joseph Chandler migrated with his family to Granville county NC about 1768. Stephen Chandler married Elizabeth Ingram on December 21, 1805. He died july 31, 1831 in Caswell County NC. Was listed as a minister in his death notice in the Raleigh Register and North Carolina State Gazette! His father Joseph was buried in the Brush Arbor Primitive Baptist Church cemetery. In 1801 Sallie Tate deeded the 1 acre site to the church pastured by Barzillai Graves to build a Baptist meeting house (Deed Book M, pg 146). Known as Brush Arbor Baptist Meeting House the church was organized by 1806. Church is still in use today.

29.   September 28,1809 (Caswell County Court Minutes, Family Search, p 12)

Ordered that the following persons be appoinrted as jurors to next court… In St. Davids District: Lewis Shapard…

30.   December 28,1809 (Caswell County Court Minutes, Family Search, p 19)

On petition filed it is ordered that the sheriff summon the following persons as jurors to view and turn the road, if they shall think it expedient, turning out of the old road about half a mile above where the road now turns out, that leads by Barttett Estes plantation to Debows Mill, and leaving the old houses where Alexander Kerr formerly lived, now owned by Doctor Johnson, to the right and to run with or near a private road that leads that way until it comes into said road on the north side of said Esteses Plantation as also to lay off a road from the north end of Debows land at his mill plantation, running with or near a old tract from thence to the main road near Bartlett Yanceys, to wit, John Barker, Jr., John Penix, Barttell Estes, Lewis Shapard, William Slade, Nathan Slade, Thomas Slade, Sr., Barzillai Graves, Sr., Henry Willis, Humphrey Roberts, William Clifton, William Graves, Jordan Whitlow, Francis Smith, Sr., Richard Martin, Stephen Chandler, William Chandler, William Gooch, Sr., and john Payne or that any twelve of them and that they report there proceedings to next court.

Note: Brush Arbor Baptist Church records (familysearch image 28) it states that in July and August of 1812 “Mr. Shepherd” had a dispute with Brother Clifton that was resolved by the congregation. It is noted that James Shapard’s daughters became members of this church in 1821. This reference could be either James or Lewis.

31.   1810 (US Census – North Carolina Caswell County)

                Lewis Sheappard is listed as having 4 white males under 10 years old (James, Booker, Robert and Lewis, Jr.), one male between the ages of 10-16 (William), one male between the ages of 16-26 (overseer?), and one male between the ages of 26-45 (Mr. Lewis Shapard  was born ca. 1773, thus he was 37); two white females under the age of 10 (Martha and Thelia), three girls between the ages of 10 – 16 (Sophia, and two of his step- children), one girl between the ages of 16 – 26 (his other step-daughter), and one female over the age of 45 (Mrs. Martha Shapard should be 37 also); he had 16 slaves. There are unknown headings for “L” – 1; “C” – 500; “V” – 200. These headings appear to indicate L as “landowner”, C for # of acres owned, and V for either how many acres are in cultivation (wheat, corn, tobacco) or number of cattle, etc.

32.   April 23, 1810 (Family Search, North Carolina Estate Files, Caswell County , Michael Nicholson)

                Elizabeth M. Nicholson in a/c with Lewis Shepard. 1810, April 23^rd. By your proportionable part of Michael Nicholson estate $119.4.8. By interest on the same thirteen months $7.14.11. Agreeable to settlement this court $126.19.1. To board and clothing $7.14.11. To balance due Elizabeth M. Nicholson orphan $119.4.2.

Polly Nicholson in a/c with Lewis Shepard. 1810, April 23^rd. By your proportionable part of Michael Nicholson estate $119.4.8. By interest on the same thirteen months $7.14.11. Agreeable to settlement this court $126.19.1. To board and clothing $7.14.11. To balance due Polly Nicholson orphan $119.4.2.

Sally P. Nicholson in a/c with Lewis Shepard. 1810, April 23^rd. By your proportionable part of Michael Nicholson estate $119.4.8. By interest on the same thirteen months $7.14.11. Agreeable to settlement this court $126.19.1. To board and clothing $7.14.11. To balance due Sally P. Nicholson orphan $119.4.2.

                                                                                                (signed) Lewis Shapard

33.   April 23,1810 (Caswell County Court Minutes, Family Search, p 21)

Ordered that Phebe Lipscomb be and is hereby appointed guardian for Warren Richmond, Johnson Richmond and Robert Richmond, orphans of Joshua Richmond deceased, she having entered into bond with three separate bonds, with Joseph Richmond and Lewis Shapard securities, in the sum of three hundred and thirty five pounds in each bond for her faithful performance thereof – Solomon Graves, Robert West and Nathan Williams esquires being the court then sitting.

Note: Joshua Richmond (1761-1807) son of John Richomond (1726-1787) will written 22 sept. 1806. Wife Pheobe; children: Warren, John and Robert. Executives wife and brother William Richmond. Witnesses W.S. Webb and Joseph Richmond (brother).

34.   April 24,1810 (Caswell County Court Minutes, Family Search, p 24)

Lewis Shapard was a jury member on cases: Thomas Burton vs. John Montgomery (def. guilty damages 50 pounds); Thomas Brandon vs. John Burton (def. did not assign).

35.   April 26,1810 (Caswell County Court Minutes, Family Search, p 26)

Lewis Shapard was a jury member on case Daniel S. Fasley vs. Halloway Pass (def. did not assign, damages 25 ounds, appealed to superior court); Jane Harrison vs. Andrew Harrison (def. guilty damages at 33.6.8)

36.   April 30, 1810 (Civil Action Papers, Caswell County,1810-1813)

Lewis Shapard was listed among the jurors for the case between Archibald Samuel and Abraham Stanfield at Caswell Court House on the fourth Monday of April (30^th ). Other juriors were: James Borown, John Lea C.B., James Holder, Thomas Stafford, Abner Willson, Saban Stafford, John Harrison, Noel Burton, Drury Burton, Thomas Harrison and Abzan (?) Rice. 

37.   October 22, 1810 (Civil Action Papers, Caswell County,1810-1813)

State of North Carolina Caswell County. This day agreeable to a commission to us delivered from the Superior Court of Law for the County of Caswell to take the deposition of Francis Rice at the house of Barzlow and Elijah Graves the 22^nd day of October A.D. 1810 – to be read in evidence in behalf of Lewis Shapard in a certain matter of controversy pending in the said Court between Lewis Shapard and Stephen Chandler both parties being present. We have caused the said Francis Rice to appear before us at the home and place aforesaid who being sworn deposeth and saith as follows (to wit) –  That he was acting constable in the said County and was directed by said Shapard to take out a warrant against said Stephen Chandler for the sum of five pounds on an open account in favor of Anderson Williams. I served the warrant, appointed the day of the trial, both parties (to wit) said Shapard and Chandler attended before John Yancy Esq. When he returned the warrant said Shapard did not establish his amount – during said Shapards absence or out of the house, the magistrate John Yancy Esq. asked said Chandler if he owed said Anderson Williams anything, who relied that he owed him something but did not know the amount. Said Yancy ordered him to pay or had better do so – said Yancy further asked him if he could not ascertain near the amount, the said Chandler answered that he thought he could. Said Yancy further asked him if he would confess a judgment settle as pay – he answered he would. Said Shapard came in Mr. Yancy asked him said Shapard if he was willing to have a judgment for whatever sum here said Chandler might consent to, he answered he would provided Mr. Yancy would draw the amount agreeable to said Chandler directing and give it to said Shapard in order to show how he had acted on the business. The amount was then made out by said Yancy agreeable to said Chandler directing and judgment  where accordingly.

                Questioned by Plantiff: Did said Chandler pay you the amount of said judgment afterwards?

                Answer: He did pay it.

                Question: Did he or did he not tell you at the time he paid off the judgment  that said Shapard at a certain time, had professed to swear to a lye show were Brzalai Graves Sen. Told him ___ show well it pleased him?

                Answer: It the conversation between said Chandler and me concerning a dispute which had taken place in the Church between said Shapard and Chandler he said he was pleased when Mr. B. Graves told said Shapard he would not give a fig for his oath if he swore to what he had professed to do.

                Qusetion by Plantiff: Did it appear to you that he intended to make you believe that I professed to swear to a lye?

                Answer: I understood by said Chandler that it was his intention to make me believe that he said Shapard had professed to swear to that which was not so.

                Question: Did said Chandler tell you that Barzlai Graves acknowledged that he did not intend to charge said Shapard of swearing to a lye as that time or at anytime?

                Answer: He did not tell me any such thing.

                Question: Did you serve a true copy of the annexed notice on Stephen Chandler?

                Answer: I did the 31^st July 1809. The date of the notice.

                Question: Was you or was you not at Anderson Williams at the time of taking the deposition of said Williams in Campbell County Commonwealth of Virginia?

                Answer: I was present at Anderson Williams the latter part of July or early August when his deposition was taken by Stephen Chandler.

                Question: Did or did not Anderson Williams state at the time that he could not recollect ___ about on the circumstances when he had given the final deposition he thought it was all done with, and did not charge his memory?

                Answer: He said he did not recollect the circumstances so clearly as he did at first.

                Question: Did I not insist to have the last mentioned you mention in the deposition?

38.   October 26, 1810 (Caswell County Court Minutes,1809-1813, pg 47,48)

Lewis Shapard was a jury member on case: Blackwell & Brown vs. John Brown, Sr. (plaintiff awarded 5.4.6); George Dabney vs. James Reed; George Dabney vs. Reubin Taylor; John & Jesse Harrison vs. Eppe Everett and Edward Busey.

39.   October 27, 1810 (Caswell County Court Minutes,1809-1813, pg 49)

Lewis Shapard was a jury member on case: State vs. John Berry (guilty and 5 days jail and fined 6 pence); State vs. William Clempson (guilty and fined 30 shillings); State vs. Pat Courtney (guilty and fined 6 pence)

40.   November 1810 (Caswell County Superior Court, Familysearch image 20)

The execution of William Nash, decd. Vs Richard Simpson. Case. General Issue plead. Lewis Shapard on jury.

41.   November 1810 (Caswell County Superior Court, Familysearch image 21)

Lewis Shapard vs Stephen Chandler. Slander. Jury say they found the defendant not guilty.

42.   November 6, 1810 (Civil Action Papers, Caswell County,1810-1813)

State of North Carolina Caswell County Superior Court of Law November 1810

Lewis Shapard vs. Stephen Chandler.

Barzillai Graves witness for defendant. To 5 days attendance - $1-10-0; Traveling to and from Court 12 miles - $0-3-0; This ticket - $0-0-8; Total - $1-13-8. Sworn to 6^th Nov. 1810 Alexander Murphey.

43.   November 6, 1810 (Civil Action Papers, Caswell County,1810-1813)

State of North Carolina Caswell County Superior Court of Law November 1810

Lewis Shapard vs. Stephen Chandler.

David Payne a witness for defendant. To 3 days attendance - $0-18-0; Traveling to and from the same 4 miles - $0-1-0; This ticket - $0-0-8; Total $0-19-8. Sworn to 6^th Nov. 1810 Alex. Murphey.

44.   November 6, 1810 (Civil Action Papers, Caswell County,1810-1813)

Caswell County. Lewis Sheppard of the County of Caswell aforesaid, complain of Stephen Chandler, of the same county in custody of the Sheriff of the said County of  a plea of trespass on the case. That whereas the said Lewis is a good, true, honest and faithful citizen of the State of North Carolina, and as such hath hitherto behaved and carried himself; and hath always have reputed to be of a good name, fair and clean and conservative; far from any crime, offence, a misdemeanor, particularly from the crimes and offences of forgery, counterfeiting fraud and deceit; until the ___ and publicizing of the several false, feigned, scandalous, opprobrious and malicious words herein after mentioned by the said Stephen, of and incurring the said Lewis. And whereas the said Stephen was indebted to one Anderson Williams, late of the County, in the account herein after stated; and also for various other articles not stated in the said account and the said Anderson having about to move from the said County, to the County of Campbell in the State of Virginia, by parol, authorized the said Lewis to collect for him, all the debts due him in the County of Caswell aforesaid, and soon afterwards moved to, and settled, in the County of Campbell aforesaid, without leaving with the said Lewis any amount, a statement, of the debt from the said Stephen to him as aforesaid. The said Lewis after waiting a reasonable time for the payment of the said debt, carried out a warrant to be issued, in the service of the said Anderson Williams against the said Stephen, to recover the said debt; and caused the said warrant to be duly served on the said Stephen, and to be returned before John Yancy Esq., he being at the time of such return one of the Justices of the Peace in and for the said County of Caswell, at which time the said Lewis and Stephen appeared before the said Justice, and the said Lewis having no account to exhibit against the said Stephen, and being unable to prove the articles sold and delivered by the said Anderson to the said Stephen, threatened to appeal to the County Court, which would enable him to procure an amount and necessary [exhibits] unless the said Stephen would acknowledge the amount. The said Justice thereupon advised the said Stephen, if he owed the said Anderson anything, it was best to settle the accounts, and the said Stephen offering that he knew the said account both debits and credits; it was agreed between the said Lewis and Stephen that the said Stephen mention the several items of the said account, that the said Justice should set them down and settle the account. Whereupon the said Stephen mentioned the following articles which were stated thus,

                  Stephen Chandler in account with Anderson Williams: To 1 cow - $4-9-6; By 2 barrels of corn - $2-10-0; By 2 dollars paid each - $1-0-0; the balance is $ 0-19-6. Agreeable to settlement made in my presence John Yancy.

                And the said John Yancy gave judgment for the said balance and delivered to the said Lewis the said amount so stated, as a voucher to enable him to settle with the said Anderson. And whereas the said Anderson afterwards demanded of the said Lewis a settlement and payment of the moneys collected by the said Lewis, under the authority aforesaid; and the said Lewis in such settlement __ and other things admitted the receipt of nineteen shillings and six pence, the balance aforesaid, of the said Stephen. The said Anderson thereupon alledged that the said Stephen was indebted to him in a larger sum, which ought to have been collected by the said Lewis, who to justify himself produced and delivered to the said Anderson the account settled and stated by the said John Yancy as aforesaid, in the proper hand writing of the said John Yancy. And whereas the said Anderson applied to the said Stephen and demanded of him more money than the nineteen shillings and six pence aforesaid, in satisfaction for articles sold and delivered by the said Anderson to the said Stephen, before the said Anderson moved into the State of Virginia, and were not mentioned in the said account or otherwise accounted for; the said Stephen, well knowing all and ___ this ___, but ___ the good name, fame and reputation of the said Lewis, and ___ and maliciously intend to deprive the said Lewis  of his good name, credit and reputation, and to subject him to the  penalties of the law, and to bring him into infamy and disgrace, on the [blank] day of [blank] in the year of our Lord [blank] in the County of Caswell aforesaid, falsely and maliciously related spoke, published, proclaimed, and with a loud voice pronounced the ___ wods following, of and conveying the plaintiff, in the presence and hearing of ___ good and honest people of the State, To wit, Lewis Sheppard (meaning the plaintiff) warrented me for you (meaning the said Anderson), brought forward your account on the trial, sworn to it and got judgement; to which the said Anderson answered that such could not have been the case; the said Stephen then said that he could prove it; the said Anderson Williams then exhibited to him the amount aforesaid, stated by the the said John Yancy Esq. as aforesaid, saying it is in John Yancy’s handwriting; the said Stephen thereupon answered that he knew nothing of such an amount; that he had no hand in such settlement, and believed that Lewis Sheppard had forged it (meaning that the said Lewis had forged the said amount for the purpose of cheating and defrauding the said Anderson.) And the said Stephen, further continuing maliciously to deprive the said Lewis of his good name, form , and reputation aforesaid, on the day and year aforesaid, in the County aforesaid, in a certain discussion which the said Stephen then and there had and held with the Anderson, in the presence of other good citizens of the State, concerning the amount, settlement and demand of the said Anderson aforesaid, he the said Stephen then and there falsely and maliciously said and published there false, scandalous and malicious words following of and concerning the said Lewis, and of and concerning the said amount, to wit, I know nothing of this amount, I had no hand in that settlement, and I believe Lewis Sheppard forged it (meaning the said amount) for the purpose of cheating you (meaning the said Anderson). And afterward, to wit, on the day and year aforesaid, in the County aforesaid, in a certain discourse which the said Stephen then and there had with the said Anderson in the presence of other good citizens of the State, of and concerning the said amount, settlement and demand made by the said Anderson as aforesaid, he the said Stephen falsely and maliciously said and published there other false and malicious words of and concerning the said Lewis, I know nothing of that amount (meaning the amount aforesaid) I had no hand in the settlement, Lewis Sheppard forged that amount (meaning that the said Lewis had made the said amount and counterfeit the handwriting of John Yancy, thereto for the purpose of defrauding the said Anderson Williams). By the reason of the speaking and publishing of which said false, scandalous, and ___ words by the defendant of and concerning the plaintiff, as aforesaid, he is greatly injured in his good name, form and credit, and is in danger of prosecution under the law.

45.   Nov. 26, 1810 (Tennessee marriages)

 A Lewis Shepard married Eliza Noris on Nov. 26, 1810 in Williamson Co. Tennessee.

NOTE: This is NOT our Lewis Shapard, he was not in Tennessee at this time !

46.   January 2, 1811 (Family Search, North Carolina Estate Files, Caswell County , Michael Nicholson)

                Polly Nicholson orphan in a/c with Lewis Shapard guardian. 1810 April court. By Balance due this court – 119.4.2; By interest ditto from April court 1810 to January court 1811 – 5.7.3; [total] 124.11.5; To board & clothing for the year 1810 – 5.7.3; balance due Polly Nicholson Jany court 1811 – 119.4.2; (signed) Lewis Shapard guardian

                Elizabeth M. Nicholson orphan in a/c with Lewis Shapard guardian. 1810 April court. By Balance due this court – 119.4.2; By interest ditto from April court 1810 to January court 1811 – 5.7.3; [total] 124.11.5; To board & clothing for the year 1810 – 5.7.3; balance due Polly Nicholson Jany court 1811 – 119.4.2; (signed) Lewis Shapard guardian Jany Court 1811

                Sally P Nicholson orphan in a/c with Lewis Shapard guardian. 1810 April court. By Balance due this court – 119.4.2; By interest ditto from April court 1810 to January court 1811 – 5.7.3; [total] 124.11.5; To board & clothing for the year 1810 – 5.7.3; balance due Polly Nicholson Jany court 1811 – 119.4.2; (signed) Lewis Shapard guardian Jany Court 1811

47.   January 28, 1811 (Caswell County Court Minutes,1809-1813, pg 54)

Ordered that John Roan be appointed constable in Gloucester District he having entered into bond with Isaac Rainey and Lewis Shapard securities in the sum of 500 pounds for his faithful performance thereof and qualified accordingly.

Note: John Roan married Fanny Comer in 1802 in Caswell County. Son of James Roan (1733-1797) and Janet Warrick. John Roan was an Ensign in the 5^th Regiment of Caswell County during the war of 1812.

48.   January 30, 1811 (Caswell County Court Minutes,1809-1813, pg 59)

The commissioners appointed to let the building of a bridge over Stoney Creek near John Burkes and to remove the same when built report as follows, to wit, that they had let the same agreeable to the order made on that behalf to Lewis Shapard and that the same is completed in a workman like manner and ready for publick use. (signed) Nathan Williams, George Barker.

49.   February 2, 1811 (Person County, North Carolina Will Book)

                Settlement of estate of Thomas Paine with James Paine Administrator. Paid to legatees: Lewis Sheppard in right of wife, William Brooks, Edmund Shelton, Robert Paine, Solomon Paine and James Paine.

50.   February 13, 1811 (Caswell County Marriage Bonds)

Alexander Caldwell married Betsy Nicholson in Caswell County.

51.        March 28 1811 (Caswell County Will Book F, pg 215, familysearch image 114)

                July Court 1811, Account of the sale of the property of Richard Estes, decd., lent widow, March 28 1811.Sales estate of Richard Estes to: …Lewis Shapard purchased: old wash tub 0.1.0, tin bucket 0.1.1, candlestick and snuffer 0.1.4, one quart tin 0.0.6, old coffee pot and chisel 0.0.1, three geese 0.9.0, old shovel 0.1.0, old hoe 0.2.0, lot of lumber 0.1.0: totaling 0.17.6. Lewis also bought an old sorrel mare for 4.0.0.

52.   April 22, 1811 (Family Search, North Carolina Estate Files, Caswell County , Sarah Estes)

                Lewis Shapard and Bartlett Estes bound themselves for two hundred pounds to Caswell Court on April 22, 1811, as Bartlett Estes was appointed Administrator of the estate of Sarah Estes, deceased.

Note: Sarah (Yancy) Estes (1740-1810) was the wife of Richard Estes (1728-1802) (inventory is in april 1802, will dated 1799). Bartlett Estes (1769-1841) was their son. Bartlett received and inheritance of 100 acres of land upon which his father Richard lived (next to Shapard plantation).

53.   April 23, 1811 (Caswell County Court Minutes,1809-1813, pg 64)

Lewis Shapard was a jury member for case: Alexander Walker vs. Taylor Sanders (find for plaintiff and give him one penny); Jesse Perkins vs. Eppe Stone; Thomas Wendson vs. Duke Williams (find for plaintiff assess damages at 54.1.4).

54.   April 23, 1811 (Caswell County Deed Book 1811, Pg 302, family search image 506)

Know all men by these presents that I lewis Shapard of the County of Caswell in the State of North Carolina have for and in consideration of the sum of £119.4.2 to me in hand paid by Alexander Caldwell of the County aforesaid bargained sold and delivered unto him a certain Negro girl named Pherebe about the age of six or seven years the right against myself my heirs Executors and Administrators and against all and every other person and persons whatsoever warrant and forever defend by these presents unto the said Alexander Coldwell his heirs executors administrators and assigns from any incumberance In testimony whereof I have hereunto set my hand and assigned my seal this 23^rd day of April Anno Dom. 1811 (Signed) Lewis Shapard

(witness) Azariah Graves, William Gooch, Sr.

55.   April 24, 1811 (Civil Action Papers, Caswell County,1810-1813, Family search image 217)

State of North Carolina, Caswell County.  Know all men by these presents that we James Colquhoun, Barzillai Graves and Lewis Shapard  all of the County and State aforesaid are held and firmly bound unto  Ezekial Ruark  in the just and full sum of one hundred pounds  to be paid to the said his heirs executors or administrators to which payment is well and truly to be made we bind ourselves our heirs executors and administrators jointly and severally  firmly by these presents sealed with our seals and dated this 24^th day of April A.D. 1811. The condition of the above obligation is such that whereas the above bounded James Colquhoun & Co. hath proved and obtained an appeal in our Superior Court of Law to be held for the County of Caswell at the Court House on the sixth Monday after the fourth Monday of March last from a judgement of the County Court of Pleas and quarter sessions held for the County aforsaid. On the forth Monday instant in a suit the said James Colquhoun & Co. prosecuted against the said Ezekial Ruark. Now if the said James Colquhoun & Co. shall well and truly prosecute the said appeal with effect or in case they shall fail therein that they shall well and truly pay all such costs and damages which may be awarded against him in consequence of their failure thereof the the above obligation shall be void otherwise to remain in full force and virtue. Signed sealed and delivered in presence of: J. Pelton for Colquhoun & Co., Barz. Graves, Lewis Shapard.

Note: Image 217 has signatures of all three men (T. Pelton for Colquhoun.)

Note: James Colquhoun married Patsey Gatewood daughter of Dudley Gatewood in Caswell County on December 19, 1796. James Colquhoun lived in the town of Danville in Pittsylvania County, Virginia. In the 1770s there was a Colquhoun & Co. which was a Scottish mercantile house based in Petersburg with a chain of stores in Virginia. James Colquhoun resided in Pittsylvania yet sold land in Caswell County on Moons Creek beginning in 1799. Virginia records Account Book 4, pg 313 for Feb. 4, 1806 “James Calquhoun & Co. for crop tobacco. 1809, by James Calquhoun bond, 6131 lbs refused tobacco sold 1350. 1812 James Colquhoun as per account. From these records it appears that Colquhoun & Co. was a merchant that bought and sold tobacco, grains, etc. Caswell County Deeds Show that James Colquhoun bought and sold land in Caswell County between 1799-1807 along Moons Creek, Hogans Creek and Rutledges Creek. In 1804 he received a land grant from the state of Tennessee in Pittsylvania County on the branches of Rutledges Creek adjoining the land of Wynn, Fearris and Dixon. Danville is about 20 miles by road due north of the Shapard plantation, across the state line into Virginia on the south side of the Dan River that oxbows around the town. It would have been an easy place for Lewis to venture. From the above bond, Lewis Shapard, Barzallai Graves and James Colquhoun are stated to be “Colquhoun & Co.” This informs us of Lewis’ business. This would also make sense why Barazallai Graves is so closely associated with Lewis. They were business partners!!!!!

56.   May 1811 (Caswell County Superior Court, Family search image 25)

James Colquhoun & Co. vs. Joel Kennon. Debt appeal. General issue, payment __ off pead.

The following jury swon and charged, to wit: John Burton, Joseph Richmond, Elijah Carman, Jacob Quine, James Grant, John Roan, Zachorriah Hooper, Ambrose S. Bennett, Lewis Shapard, James Cobb, John Gunn, Martin Perkins who say that they find the writing obligatory declared on to be the act and deed of the defendant, that there was a payment of three pounds fifteen shillings on the 1^st of April 1809 that there were no other payments of off sets and find the dollar mentioned in the bond declared to be £55.18.0 and assess the plaintiffs damages by way of interest to £6.5.9 and costs of suit. On motion ordered that judgment pass against the securities for the appeal and that execution be issued accordingly.

Note: Lewis Shapard was on the jury for this case at Caswell Courthouse and no other jury that day. Perhaps to sway jury? Interesting! (See Apr. 24, 1811)

57.   May 1811 (Caswell County Superior Court, Family search image 27)

James Colquhoun & Co. vs.Ezekial Ruark. Appeal. General issue, payment set off___. Jury finds the defendant did assume and did assume within three years and after allowing the payments and sets off proved by the defendant, assess the plaintiffs damages to £4.17.1 and cost of suit.

Note: (See Apr. 24, 1811)

58.        July 1811 (Caswell County North Carolina Road Docket, July 1811 Court)

Overseer appointed:

 George Martin – [To build road] from the mouth of Whittow’s Lane to Shapard’s Pathe.

Thomas Malon – [To build a road]from Shapard’s Pathe to the fork at Johnson’s old field.

59.   July 22, 1811 (Caswell County Court Minutes,1809-1813, Familysearch image 69)

The execution of a bill of sale from Lewis Shapard to Alexander Caldwell for a negro girl named Phebe, was duly acknowledged in open court and on motion ordered to be recorded.

Note: On February 13, 1811 Alexander Caldwell married Betsy Nicholson in Caswell County.

60.        July 22, 1811 (Shapard a Family History)

                Thomas Paine Shapard was born in Caswell County, North Carolina. Son of Lewis and Martha

61.   July 22, 1811 (Caswell County Court Minutes,1809-1813, Familysearch image 70)

Ordered that George Martin be and is hereby appointed overseer of the road from the mouth of Whitlows lane to Shapards Pathe in the place of Lewis Shapard, with the following hands to work thereon, to wit, Lewis Shapards hands, John Richmond, John Payne and sons, Richard Martin and Lewis Martin.

Ordered that Thomas Malone be and is hereby appointed overseer of the road from Shapard pathe to the fork road at Johnsons old field in the place of John Barker with the former and convenient hands to work thereon.

62.        September 1811 (Estate Papers of William Shapard, Sr.)

                State of North Carolina Granville County. In Equity. To Lewis Shapard Greeting. Whereas Thomas Shapard and Francis Royster hath executed their Bill of Complaint against you the said Lewis Shapard and others to the Honorable the Court of Equity for the County aforesaid, we command you that you all and all manner of business and excuse ceasing you personally appear before the Judges of our said Court at the court house on the first Monday in March next and answer the several matters in said Bill of Complaint contained and stand to perform such order as our said Court shall make and this you shall in no wise omit under penalty of one hundred pounds. Witness Nathaniel Robards Clerk and Master of our said Court at office and under seal of office the first Monday of September A.D. 1811 and the XXXVIth year of our Independence.

                (on back) Thomas Shapard and Francis Royster vs. subpoena Samuel B. Shapard and others, for Lewis Shapard G.C. Court of Equity March Term A.D. 1812. To hand 14^th January 1812.

Note: There were the same subpoenas also issued for the other children of William Shapard to appear in Court.

63.        September 2, 1811 (Estate Papers of William Shapard, Sr.)

                State of North Carolina, Granville County. Know by all men presents that we Thomas Shapard, Francis Royster, David Chandler, and Woodson Daniel of the County and State aforesaid are held and firmly bound unto Samuel B. Shapard, Anderson Williams and Mildred his wife, Joseph Barnett and Ann his wife, Lewis Shapard, James Shapard, William Shapard, Mary Shapard, John Shapard, and Robert Shapard in the sum of one hundred pounds to which payment will and truly to be made we bind our heirs and jointly and seperatly, firmly by these presents signed with our seals and dated the 2^nd day of September, A.D. 1811.

                The condition of the above obligation is such that whereas the above bound Thomas Shapard and Francis Royster have filed a Bill of Complaint against the parties aforesaid in the Court of Equity for the county of Granville. Now in case they prosecute said Bill with effect or incase of failurepay of and discharge of all costs thereon ___ to be paid, then the above obligation to be void, else to remain in full force. (signed) Thomas Shapard, Francis Royster, David Chandler, Woodson Daniel.

64.        September 2, 1811 (Estate Papers of William Shapard, Sr.)

State of North Carolina Granville County. In Equity. To the honorable judge of the court of Equity for the county aforesaid. Humbly complaining hereunto your honor your orator Thomas Shapard of the county of Person and Francis Royster of the county of Granville and state aforesaid. That on the 12^th day of November 1784 one William Shapard then residing in the county of Cumberland state of Virginia and having possessed of a considerable estate both real and personal gave and executed a Deed of Gift to his son Samuel B. Shapard, thereby conveying to his said son all his said estate, with the exception of a few debts which he gave to his son James Shapard, and the said deed was ordered to be recorded at court held for Cumberland County aforesaid in July 1785 to which deed, to which deed, for more certainty your orator can have to refer. Your orators further show, that on the 26^th day of April 1788, the said Samuel B. Shapard gave and executed to his said father a Deed of Gift, with a postscript endorsed thereon, by which he conveyed to his said father all the estate his father had given to him by the deed aforesaid, with a condition that his father shall make title to him  for two hundred acres of land and deliver to him a negro boy of a certain description, and with the exception of some of the property which is therein reserved to him. This latter deed with the postscript was proved in Granville County aforesaid at the February Court 1807and was ordered to be registered, and was afterwards duly registered in the said County. To this deed also and its postscript, your orators beg leave for more certainty, to refer. But prior to the execution of the latter deed the land held by the said William in Cumberland County aforesaid he or his said son Samuel had sold and he had purchased a tract of land in the County of Granville aforesaid whereon he the said William resided at the date of the said latter deed. And on the first day of August 1788 the said Samuel B. Shapard made and executed another Deed of Gift to his father,, conveying to him all the estate his father had given to him by deed as aforesaid, except three judgments, to which latter deed your orators also beg have to refer, the same having been recorded in Granville County aforesaid by order of a court for said County in August 1788. You orators further show that on the second day of February 1807, the said William Shapard made and executed the following Deed of Trust, to wit, “This indenture made the 2^nd day of February A.D. 1807 between William Shapard Sr. of the County of Granville and State of North Carolina of the one part and Thomas Shapard and Francis Royster of the County and State aforesaid of the other part. Witnesseth that the said William Shapard for and in consideration of the trust therein after mentioned and of the sum of 5 shillings to have in hand paid by the said Thomas Shapard and Francis Royster, the receipt of where is hereby acknowledged hath given, granted, bargained, sold and delivered to them the said Thomas Shapard and Francis Royster their heirs, executors, administrators, and assigns all his the said William Shapard’s property where so ever situate both real and personal legal and equitable, things in activation as well as in possession, except one bay mare called Kate, one saddle and bridle, and one feather bed and furniture, to have and hold the aforesaid property to them the aforesaid Thomas Shapard and Francis Royster their heirs, executors, administrators and assigns on the trust hereinafter mentioned (to wit) that the said Thomas Shapard and Francis Royster shall forthwith convey and transfer to John S. Shapard son of the said William Shapard one Negro boy named Abram and to Robert Shapard son also of the said William Shapard one Negro boy named Dick as their own absolute right and property of which the said William is now possessed, and also that the said Thomas Shapard and Francis Royster as soon hereinafter as convenient sell for cash at public sale, giving 10 days notice as much of the property here in conveyed as shall be sufficient to satisfy all the just debts which the said William Shapard at this time owes and pay the same and after the said Thomas Shapard and Francis Royster shall secure from the children of the said William Shapard hereinafter mentioned an annuity of $50 payable on the 25^th day of every December during the life of the said William Shapard in Virginia money or dollars at 6 shillings each which the said Thomas Shapard and Francis Royster are to secure to themselves in trust for the said William Shapard then they shall expose to public sale on 12 month credit after giving due notice the rest due of the aforesaid property and divide the proceeds of said sale together, what moneys they may collect due to the said William Shapard among the following children of the said William (to wit), Samuel, Mildred, Williams, Elizabeth Royster, James, William, Lewis, Thomas, Mary, John, Anne Barnett and Robert. Deducting on such division sale advancements by the said William made to any of his said children as in cases of intestacy and that the property here so far reserved by Samuel, one of said Williams children, in a deed by him executed to the said William be considered as an advancement made to him and the two Negros by this deed directed to be conveyed to John and Robert, sons of the said William, be taken in the same way and it is further understood that the said William Shapard, Sr., may reside where he pleases. In witness where of the parties to these presents have here unto set their hands and affixed their seals the day and year above written.                                                                                                                                               (Signed) William Shapard, Sr., Thomas Shapard, Frances Royster  

The said Deed of Trust has been dully proved and registered in Granville County aforesaid, and is ready to be produced whenever this honorable Court shall so direct. Samuel B. Shapard aforesaid at the time of executing his last mentioned Deed of Gift to his father reserved to himself some interest in the said property by way of land, all the dowers under the said Deed of Trust (except Samuel B. Shapard) agreed to have the respective advancements to the children valued by men chosen for that purpose and the same was done and certified by the men so chosen, and assented to by Robert one of the dower since his arrival at full age; which appraisement your orators are ready to produce, and all the said dowers (except the said Samuel B. Shapard) have sanctioned the said Deed of Trust and agreed to divide and take under it according to its __ and effect; and the said Samuel B. Shapard also agreed to divide and take under the said Deed of Trust and conform the same in condition that he should be permitted to take a full share without accounting for the property reserved to himself as aforesaid. Your orators as trustees as aforesaid proceeded to execute the several trusts contained in said Deed and have faithfully performed the same as far as they concern themselves safe and justifiable in doing without an indemnity or a decree of this honorable Court; for they say that some doubt is entertained whether the said Deed of Trust is binding upon the heirs and distributors of the said William Shapard, Sr.; it being alleged on one hand that at the time the same was executed he was not of sound mind, which on the other hand it is contended that as all the heirs and distributors of the said William are dowers under the said deed and have agreed to divide according the __ and provision of the same they are concluded by such argument and must take under the deed whether the same be in itself valid or not. To this however it is urged by the said Samuel B. that his argument was conditional as aforesaid; and he has forewarned your orators not to settle with and pay over to the other dowers, but upon the principal that the property reserved to him as aforesaid shall not be collated with the other property and the other dowers have on their part forewarned your orators not to settle with him in the way he contends for; but neither party has offered to indemnify your orator. Thus your orators are placed in a hazardous situation by the acts of the said parties though they have done all in their power to avoid it. Your orators charge that they have been faithful and vigilant in the execution of the Trust aforesaid and were at all times ready and willing to settle upon any terms the other parties might agree upon as to their own rights and the right of Elizabeth wife of your orator Francis; that they have been put to much trouble, labor and expense in the promises that the sale of land was postponed by all the parties concerned in interest which delayed for a time the completion of business, that your orators have paid over some monies to some of the dowees and taken receipts therefore; and have been ready and willing to pay over all in their hands according to the just and legal rights of the parties, ever since the receipts of the same, but could not bring the parties to an accommodation. That William Shapard, Sr., aforesaid departed this life about eight months after the date of the said Deed of Trust and his wife (the mother of said dowers) is also dead. Your orators are now ready to render a full and complete amount to pay over to the parties respectively all which of right may be due  and in such way as well indemnify your orators; but the said parties will not agree among themselves and threaten to take advantage of your orators. All which acting are contrary to equity and good conscious, and tend to your orators wrong and peril. In tender consideration whereof and for as much as your orators are without complete remedy in the preceding  but in a Court of Equity where matters of this nature are properly  cognizable, and where your orators may compel the said claimants to interplead and settle  and adjust their rights and demands between themselves so that your orators may be enabled to pay over the said monies and proceeds of sale with safety; and where your orators may cause all parties to come and to an account and discover the advancements to each ___ the validity of said Deed of Trust if they be so disposed to the end therefore that the said parties, to wit, Samuel B. Shapard who has no fixed residence, and Anderson Williams and Mildred his wife of Campbell County in the State of Virginia, Joseph Barnett and Ann his wife of Granville County aforesaid, Lewis Shapard of Caswell County in North Carolina, James Shapard of Orange County, Elizabeth Royster wife of your orator Francis of Granville aforesaid, William Shapard of the City of Richmond in the State of Virginia, Mary Shapard of Caswell County aforesaid, John Shapard of Halifax County, Virginia an Robert Shapard of Richmond aforesaid (who are dowers under the said Deed o Trust with your orators) may upon their respective corporal oaths, full true and perfect answer make (according to the best of their knowledge, remembrance, information and belief) to all and singular the matters aforesaid as fully and effectually, to all intents and purposes as if the same were here repeated, and they particularly and distinctly interrogated; that they may make full discovery in the premises and come to a full and final account, allowing to your orator a just remuneration for all expenses and labor, that the said parties may interplead and settle and adjust their said demands between themselves, your orators being willing to pay the monies aforesaid to the said parties in such way and proportions as the same shall appear of right to belong being indemnified; and that your orators may be at liberty to bring the same into this honorable Court for the benefit of the said parties as they shall appear respectively to be entitled thereto; and that your orators may have and receive such further and other relief in and touching all and singular the matters and things aforesaid as to your Honor shall seem proper and agreeable to Equity and good conscience; May it please your Honor to grant unto your orator the proper Writs of Subpoena and direct to the said parties commanding them to appear and answer, etc. And your orators do hereby offer each for himself and your orator Francis for his wife Elizabeth, that the rights of the said Francis and his wife Elizabeth and of the said Thomas under the said Deed of Trust shall abide the decision of the parties herein named and shall be governed by the same rules as the rights of the said parties generally shall be by a decree of this Honorable Court; and service of this Bill on the said Elizabeth Royster is hereby admitted by your orator Francis.

State of North Carolina, Granville County. Thomas Shapard and Francis Royster complainants in the foregoing Bill, make oath that they do not collude with either of the defendants touching all or any of the matters in question, nor are any way indemnified by either of the defendants; nor do exhibit it their bill at the request of either party, but merely of their own free will and to avi=oid being doubly vexed touching the matters contained in their bill. Sworn and subscribed before me this 2^nd day of September, 1811. Leo Henderson

(signed) Thos. Shapard, Francis Royster.

Note: Accounting records of the estate of William Shapard begin on February 28, 1807. However, according to the above document he lived until approximately October of 1807 (eight months from the date of the Deed of Trust in February 2, 1807. He may have had declining health and his sons began to manage his finances and affairs for him.

65.   October, 1811 (Caswell County North Carolina Deed Book 1817-1840, Book X, pg 102)

James Matlock Sheriff of Rockingham County to Bartlett Yancy of Caswell County, for $265, negro boy Neptune formerly property of Jonathan C. Man of Rockingham County, sold by court order at insistence of Jesse Higginsthan. ? October, 1811. Witness: Lewis Shapard. Proved April, 1827 by oath of James Shapard as Lewis Shapard is either deceased or inhabitant of Tennessee.

66.          1812

NOTE: It is believed based on Booker Shapard’s obituary that his father, Lewis, first traveled to Williamson County, Tennessee. In the county records there is a Lewis Shepard, who first married Elizabeth Norris in 1810 and then purchased land on Turnbulls Creek as early as 1813 and resided there into the late 1830s. He is in District #1 of Williamson County to 1836. This “Lewis Shepard” is NOT our ancestor, any record associated with Turnbull Creek is directly related to the Norris family and is not part of our line.

Note: Turnbull Creek is located in the far western portion of Williamson County.

67.   1812 (Caswell County North Carolina County Tax List, 1777-1867, Family History Library, p. 705)

Lewis Shapard is listed in St. David District with NO ACRES, two white poles and 9 black poles

James Shepard is listed in St. David District with 337 ½ acres and no white poles and no black poles.

Note: By this account, Lewis had sold his land in 1812 in anticipation of his move..or had already moved his family to Tennessee.

68.        January 27, 1812 (Caswell County, North Carolina Guardian Reports)

                January Court 1812.

Sally P. Nicholson – Orphan. In case with Lewis Shappard guardian.

1811 January Court by balance due the orphan this court – 119.4.2

                By interest on ditto up to January Court 1812 – 7.3.0

1812, January 27: To board and clothing for the year 1811 – 7.3.0

                Balance due the orphan January Court 1812 – 119.4.2

Lewis Shappard guardian, 27^th January 1812.

Caswell County. This account was duly exhibited before the orphan Court which was approved of and on motion ordered to be recorded. 

Polly Nicholson – Orphan. In case with Lewis Shappard guardian.

1811 January Court by balance due the orphan this court – 119.4.2

                By interest on ditto up to January Court 1812 – 7.3.0

1812, January 27: To board and clothing for the year 1811 – 7.3.0

                Balance due the orphan January Court 1812 – 119.4.2

Lewis Shappard guardian, 27^th January 1812.

Caswell County. This account was duly exhibited before the orphan Court which was approved of and on motion ordered to be recorded. 

Note: Elizabeth M. Nicholson is not listed in 1812 Guardian Report. According to estimated birth year of 1791 (Martha Paine her mother married in 1790) she would have reached 21 years of age in 1812. She married Alexander Caldwell on February 13, 1811 in Caswell County!!!!!

69.   January 29, 1812 (Caswell County Court Minutes,1809-1813, Familysearch image 95)

The following persons were drawn as jurors for the next Superior Court….Lewis Shapard.

70.   January 29, 1812 (Caswell County Court Minutes,1809-1813, Familysearch image 95-96)

Lewis Shapard was a jury member for The State vs. Elijah Carman (not guilty); The State vs. James Vaughn, Jr. (guilty fined 20 shillings); Caleb Anglin vs. Nicholas Willis; Koziah Mills vs. The Eexecutors of John Dennis, decd.

71.   January 30, 1812 (Caswell County Court Minutes,1809-1813, Familysearch image 97-98)

Lewis Shapard was a member of the jury for Jesse Carter vs. Jacob Miles Sr., (debt); Graves & Gunn vs. Edward Donoho (debt).

72.   January 30, 1812 (Caswell County Court Minutes,1809-1813, Familysearch image 98)

Lewis Shapard vs. William Herritage (trespass). The same jury as No. 28 except Griffin Gunn in place of Lewis Shapard who being duly sworn and charged say that they find for the plaintiff and assess his damages to  two pounds ten shillings and costs of suit.

73.   February 3, 1812 (Deed Book Q, p. 389)

Between Lewis Shapard of Caswell Co., and Hugh Darby of Lunenburg, Commonwealth of Virginia, for $600, 400 acres land lying and being on the waters of the South Fork of Country Line Creek. Beginning at a white oak, formerly James Rices corner, now Pinsons, running with his line thence north 83 chains and 50 links to a pine, thence west 53 chains and 50 links by vacant land to a post oak, thence south 59 chains by vacant land to a pine Richard Estes corner, thence his line south 59 degrees east 16 chains to a dogwood his corner on the bank of dry fork, thence down said fork as it meanders to a poplar on the bank of said fork, thence south 4 chains 50 links to a post Estes corner, thence his line east 31 chains 20 links crossing dry fork to the first station. [All land given except:] 100 acres which is excepted, beginning on a white oak corner Chandlers line, formerly Rices, running thence North 84 chains to a pine the old corner, thence west 11 chains 90 links to a post oak, thence south 84 chains to a small red oak in Estes line, thence east 11 chains 90 links to the first station. (signed) Lewis Shapard

Note: Hugh Darby (b.c. 1768-?) was an attorney; his brother George Darby (b.c. 1766-?) of Person Co. hires him in 1811 to sell land. His other brother Daniel Darby (1770-1819) lived in Caswell County and was associated with the Paine and Shapard families through close residential approximation. Daniel Darby was part of settlement of Estate of Michael Nicholson in 1803. Daniel Darby purchased items from the estate of Thomas Paine in 1807 and was also on numerous committees with Lewis Shapard.

74.   March 1812 (Estate Papers of William Shapard, Sr.)

North Carolina, Granville County. In the Superior Court of Equity. The answer of Lewis Shapard, James Shapard, John Shapard and Joseph Barnett for himself and his wife Ann to the Bill of Complaint of Thomas Shapard and Francis Royster.

                These defendants saying for answer do say – it is true that the said William Shapard in the Bill named made the deed of Gift of the year 1785 to his son Samuel also in the Bill named, with the reservation to James Shapard one of the defendants, of which he never had any benefit, and that the said Samuel afterwards made the second Deed of Gift in the Bill mentioned for the purpose of restoring in his father the said William the property which the latter had conveyed to the former without consideration, at at time when he was in great difficulties.

                They admit that the said William Shapard made and executed the deed of Trust of the 2^nd of February 1807 to the complainants, which they believed is fully and truly set forth and recited in the Bill – The object of which is apparent on the face of it – namely to make a fair and equal distribution of his estate among his children. They do not intend by any means to contest the validity of said deed of Trust on the ground of the said William being of unsound mind when the same was executed – and insist only on its being fulfilled by the said Trustees according to its true intent and meaning.

                These defendants insist that whatever the said Samuel Shapard may have received of the estate of his said father at any time, either by virtue of the before mentioned deed of Gift or otherwise, should be considered as an advancement to him, and charged to his distribution share under the said deed of Trust – and they further insist that the said Samuel cannot claim under and against the said Deed of Trust.

                These defendants have offered repeatedly to the said Trustees to give their ample indemnity against the pretensions of the said Samuel to the rights reserved under the deed of Gift to his father and to a full share of the estate under the deed of Trust which they, the said Trustees, have refused to accept, as they ought to have done, and to have divided the estate according to the proposition made by these defendants.

                These defendants further show that the complainant, the said Trustees, have ___ denied either in their Bill of Complaint, or otherwise to these defendants, any statement or account of the estate of the said William which has come to their handunder the deed aforesaid – neither have they or either of them ever offered to come to any account with these defendants or either of them, for their administration of the estate of the said William  under the deed aforesaid, or to pay them, or either of them their respective shares of the same according to the true intent and meaning of the said deed, although they have sold the whole of the estet,and have had ample sufficient time to collect the debts due the ___, and have been after requested to come to said settlement and account, and make payment of what might be due to these defendants respectively.

                These defendants [insist] that they have always been both ready and willing to take their proportion of the estate of the said William, according to the promises of the deed of Trust aforesaid, nor have they or either of them ever set up any protest on a claim adverse to the same, and they have respectfully offered the complainants ample indemnity provided they would proceed to divide said estate to and among the children of the said William, or in case of the ___ of the said William, which they have refused to do.

                They pray honor to be dispensed with their oaths in this____. The defendants named in this claim make oath that the facts stated in this answer to be of their own knowledge are true and those not of their own knowledge they believe to be true.

                (signed) Lewis Shapard, Jas. Shapard, John S. Shapard, Joseph Barnett

75.   March 28, 1812 (Family Search, North Carolina Estate Files, Person County, Robert Paine)

                Paid from estate of Robert Paine to Lewis Shapard receipt – 40 - $88”17”6 3/4 Virginia money

Note: Pounds (L)” Shillings (s) ” Pence (d). There were 20 shillings per pound, 12 pence per shilling, 240 pence per pound.

76.   May 9, 1812 (Caswell County Estate Files, James Birk)

Lewis Shapard bought of the estate sale of James Birk: 1 latt of tea cups at 0.3.0, one pair of spoon molds at 1.0.0, one collier and pair of hammer (?) at 1.0.0, 1 pair of chains at 1.0.0 and 1,500 pounds of tobacco at 7.18.0.

77.       October 2, 1812 (Estate Papers of William Shapard, Sr.)

                Take notice on the 7^th day of November next at Mr. Alexander Hambletons Store in the County of Granville and State of North Carolina we intend to take the depositions of Mr. John Oliver, John Webb, William Royster and James Smith to be read in evidence in the Suit in Equity brought by us against you and others and now pending in the Court of Equity for the County of Granville aforesaid 2^nd October, 1812. (signed) Thos. Shapard and Francis Royster.

                October 3 - I delivered John S. Shapard notice compared with the above. October 5, 1812 – I delivered James Shapard, Polly Shapard and Lewis Shapard notice compared with the above. October 10, 1812 – I delivered Joseph Barnett notice compared with the above.

                (on back) The within is a true copy of notice to be served on the Legatees of William Shapard. (signed) John Bailey.

                State of North Carolina Granville County. John Bailey maketh oath that he delivered a true copy of the within notice to John S. Shapard on the 3^rd October 1812, Mary Shapard on the 5^th, James and Lewis on the same day and on the 10^th to Joseph Barnett. Sworn to before me this 2^nd March 1813.

Note: This affidavit, if accurate, would mean that Lewis had not left North Carolina until after October of 1812, and in all reason due to winter would most likely not have left until spring of 1813. 

78.   October 12, 1812 (Caswell County Court Minutes,1809-1813, Familysearch image 120)

Ordered that William Chandler be and he is hereby appointed overseer of the road in the place of Thomas Malone from Malones pathe to the forks at Johnstons old field  with the following ands (to wit) John Pinson, John Barker,Jr., Reuben Browning, Peter McKinney, Thomas Bazwell, Bartlett Estes, Lewis Shapard and his hands to work thereon.

79.        November 7, 1812 (Estate Papers of William Shapard, Sr.)

                Pursuant to the __ Commission to us directed , at the store of Alexander Hamilton in Granville County in the state of North Carolina in the seventh day of November A.D. 1812. Thomas Shapard and Francis Royster complainants being present and James Shapard and Lewis Shapard of the defendants being present. We have caused John Webb and James Smith and William Royster, Sen., to come before us and after being sworn on the Holy Evangelist of Almighty  God deposeth and saith:

                John Webb deposeth and saith that he was informed after William Shapard father of Samuel B. Shapard moved to North Carolina that the said William had made a Deed of Gift to the said Samuel of all his property, I observed to the said William he ought not to ___ so ___ uncertain Samuel had it in his power to keep the whole of his property, and his wife and children might be left without support. Afterwards the said William and the said Samuel called on me to meet at said William’s house. When I met the said Samuel agreed to reconvey to his father the said William all the property that had been conveyed to him and his father giving him a Trust of land, a negro man between the age of 15 to 20. I do not recollect the quantity of land (it however may be known by a reference to the conveyance made by said William to said Samuel). The deed Samuel __ to his father he did not receive it as a gift, the services he had rendered him he conceived to be worth as much as the property he said he claimed. Said he for two years had made him break up school to do his the said William’s business and ___ said he had served two tours of duty in the militia for him the said William the said Samuel told __ said William if he did __ pay him he should hold his property. But this deposeth does not recollect the reply of said William. An ___ of ___ was made and assigned in my presence and said Samuel was to receive the above property (a negro and a quantity of land) there was a considerable sum of money due said William in Cumberland County Virginia which money the said Samuel undertook to collect for the said William and for his trouble was to  have the use of it for a certain length of time agreed on between them. After the money was collected said Samuel and said William could not settle their amounts they agreed that James Smith and myself should settle all their accounts. We met at ___Smiths and after we got there a ___ Gooch was by the parties called to witness in making the settlement, which settlement after considerable difficulty was made and bears date the 28 August 1797 and accompanies this deposition. And the said William executed a Bond to the said Samuel to the amount of an award ($125 V. Currency) after we had made the settlement as award we by the consent of the parties burnt the papery which were committed with the settlement to prevent further claim, disparity or litigation between the parties. About a year before the death of the said  William, his son James and some of his brothers came to my house. The said William had assigned an instrument of ___ conveying his property to his son James which conveyance had produced considerable discontent amongst most of the children of said William. This [discontent] prevailed and said James and he consented to give it up and we agreed on a day and the old man was brought to Francis Royster’s who married his daughter. James Smith and myself met there and most of the children of said William were present. After conversing with the old man we found him not capable of disposing of his property. He told us he would do anything we thought right. We in the presence of his children present drew up an instrument of ___ in vesting his estate by Deed of Trust in Thomas Shapard and Francis Royster to make sale of and to pay off his debts and after collection, the money to keep a sufficiency within hand to support the old man and the surplus to be divided amongst his children awarding them the Deed of Trust above mentioned. His son Samuel was not present. All the children of said William then present insisted that their brother Samuel ought or should not share with them in the property of the said William, saying he had received a good share already. William Shapard (son of William) lived in Richmond Virginia, at the time he wrote to ___ to ask as __ for him and his brother Robert who were underage and who also lived in Richmond. It was the wish of all the children present of said William that Thomas Shapard and Francis Royster should do the business. After the death of said William soon the deposant met at Thomas Shapard’s all the children being present except said William and Robert. It was late when I got there, they had been trying to settle and could not agree. Said Samuel contending for an equal share of the estate. The said Samuel then and there forwarned said Thomas Shapard and Francis Royster from paying his part of their hand. Several of the rest then forwarned the said Thomas Shapard and Francis Royster from paying the claim of said Samuel out of their hands.

                                                                                                                (signed) John Webb

[John Webb] Questioned by Thomas Shapard one of the complainants: Were you at the sale of William Shapard, deceased?

                Answer: I was.

                Question: Was the land __ out on __?

                Answer: It was.

                Question: Did not the legatees wish for the __ to __ the estate?

                Answer: They did __.Thomas Shapard and yourself commented it should.

                Question: Did you not understand that after this the land was sold?

                Answer: I was so informed by the parties and Lewis Shapard bought it and I assisted as agent for the land to return back into the hands of the Trustees to make the best sale they could of it.

                Question: Did you understand that the making at my house was intended for a final settlement?

                Answer: I think I was requested by Thomas Shapard to meet that day and that he said Samuel would there be present and they would endeavor to settle their dispute. It was late when I came and they did not agree.

                Questioned by Lewis Shapard one of the defendants: Do you recollect the time they met at Thomas Shapard’s?

                Answer: I do not recollect the year but I recall it was a very cold day.

                Question: Has it been three years ago?

                Answer: I suppose it was.

                                                                (signed) John Webb

Question by the complainant to William Royster, Sen.: Was that day intended for a final settlement or not?

                Answer: I understood so by all the parties.

                Question: Did you or did you not hear us call on the (torn off)

                Answer: I did.

                Question: Did you or did you not hear Lewis Shapard say that he was going to get advice?

                Answer: I did.

                Questions by Lewis Shapard one of the defendants: At what date did this happen?

                Answer: As well as I recollect in fall of 1809. I recollect we were getting in corn.

                Question: What did you conceive the contract at the time mentioned?

                Answer: I understood the contract to be that Samuel had received more than his share and therefore should not receive an equal share.

                Question: When the contract took place about Samuel’s claim, what propositions were made by us?

                Answer: You proposed to hear his ___ to Virginia to get vouchers to support his claims.

                Questioned by the Complainant: Who executed the ___ that ___ this business?

                Answer: I understood something was said by Samuel which displeased the rest. Lewis as well as ___ said ___ might do his own business.

                                                                                                                                (signed) William Royster

80.   1813 (Caswell County North Carolina County Tax List, 1777-1867, Family History Library, p. 733)

Lewis Shapard is no longer listed in Caswell County Tax Lists after 1812.

James Shappard is listed in St. David District with 337 ½ acres, no white pole and no black poles

81.        1813 (Williamson County Tennessee Tax Book 1813, familysearch image 229)

                In 1813 Lewis Sheperd is listed TWICE in the tax record. The first is a Lewis Sheperd owning 20 acres with no slaves. This Lewis is NOT our ancestor and remains in Williamson County Tennessee eventually marrying Miss Norris. The second Lewis IS our ancestor. He is listed as owning no acres yet is taxed on 0 white poles, and 8 black poles, owing $2 in taxes. He is only found in Williamson County in 1813 & 1814.

Note: “Poles” are people being taxed. White males of adult age (about 16 years old and older) are taxed, white females and children are not taxed. Black slaves both male and female are taxed after about 14 years old, slave children are not taxed.

Note: Taxation for the County of Williamson in 1813 was issued by the County Court. In the October 1812 session of court the enumerators were appointed by the court for each of the Captain’s district into which the county was divided, and assigned to make a list of taxable property found within their district for the year 1813. Taxable property included white poles, slaves, town lots, every 100 acres owned, stud horses and merchants. Taxes in 1813 were used for the county, for building a bridge over the Big Harpeth River next to the town of Franklin and to support the poor. Returns of the lists were made specific justices and then returned to the County Court. Records show that the majority of these lists were returned during the January session of court beginning January 11, however some returns were made during later sessions. The final tax return was made in July of 1813, whereby the County Court issued a notice that “every person who failed to return taxable property for the present year may at this time come forward and give it in to the clerk, but hereafter banned from that privilege.”   Therefore Lewis could have made the list anytime from January to July of 1813. I do find it perplexing that he was taxed on 0 white poles in 1813…why was he not taxed on himself…was he not there (did he return to NC for business?)

Note: Williamson County Court records show in 1813 William S. Webb appears, other names: Stephen Childress, William Polk, Samuel Williams… Tax records show John Webb in 1813, William S. Webb in 1814- with no land and 4 slaves. There are two final deeds for W.S. Webb in Caswell County. One on September 1812 where “W.S. Webb of  Caswell County” sells his property (two tracts); the last is from November 2, 1813 and states “W.S. Webb late of this county and state.” He would not have migrated in winter of 1812, thus he migrated at same time in spring of 1813 as Lewis Shapard. They were also distantly related and intimately connected. High probability they migrated together as both ended up in same location (Williamson Co.). W.S. Webb first appears in Williamson county as a witness for a deed between Michael Kinnard to Jessie Jackson on April 12, 1813. W.S. Webb first purchased land in Williamson Co, TN in October 1814 – 350 acres on Big Harpeth. Tax record shows by 1827 he has 1,220 acres and 18 slaves. In 1840 – 41 slaves. He married Margaret Turner in Caswell County. He graduated from UNC in 1799 with A.B., then attended medical school at the University of Pennsylvania (Our Webb Kin of Dixie).                          

82.         June 16, 1813 (Shapard a Family History)

                Lewis’ wife, Martha Paine Shapard died

83.         1814 (Williamson County Tennessee Tax Book 1814, familysearch image 257)

Lewis Sheppard is listed with no land, one free pole, seven slaves, owing tax of $1.87.5

84.        1814 (Notes of Life and Pictures from my Diary Bishop Robert Paine, T.F. Paine, G.B. Paine)

My paternal great grandfather, Dr. James Paine, head of the Southern branch of the Paine family in America, was born, educated, and licensed as a physician in London, England. He came to America about 1740, married in Virginia, and settled in Granville – afterwards Person – county N.C., where he died. He was a man of fine culture and ample means, which he largly invested in real estate. He had four sons – Robert, my grandfather, born March 3, 1748, and died January, 1808; James, John and William. My grandfather married twice – first, Mrs. Elizabeth Miller, by whom there were four sons, James (my father), Robert, Thomas, and Solomon. Thomas died unmarried about 1806. His other sons married, removed to Tennessee, where they all died – my father in Giles County, Robert in Tipton, and Solomon in Hardeman. They, and I believe all their families, became Methodists and died in peace.

                My grandfather, for whom I was named, was also an officer in the rebel army of the Revolution…My grandfather’s second marriage was to the widow of Constantine Perkins, and was without issue. She survived him only a few years. He [Paine] was a large man, an earnest Christian, and a prominent member of the Baptist Church. Indeed, that was the largest and most influential denomination in all that region of the country, and my ancestors and early associates were nearly all members of it. They were a good and godly people, and that country was principally indebted to it for what experimental piety was in it for many years after the Revolution. The Episcopalians had lost, to a great degree, their influence over the mass of the country, their clergy having taken the side of Britain during the war, and fled back to England toward its close. The Presbyterian ministers were in the principal cities and towns, or engaged as teachers. So that when the Methodists became fully organized and began to itinerate extensively in Virginia and the Carolinas, there was great need for them…

                As to the brothers of my grandfather the writer knows very little. John settled in Person county at a place well known fifty years ago as “Paine’s Ordinary.” He raised one son, John, a very popular citizen, who represented his county in the Legislature of the State…James resided all his life in Warren county, N.C.,..

                In May, 1814, my father removed to the State of Tennessee, and settled in Giles county. He had visited the country in 1807, and in the fall of 1813 had sent forward his servants in charge of my mother’s brother, Robert, to make a crop for the ensuing season. Thus it was that when the whole family got there in the ensuing spring a fine crop was growing, and a comfortable house and home awaited us. But when, after a long and wearisome trip of over a month, we had arrived in three miles of our new home we were surprised to see a number of men on the roadside in a rude kind of military parade. Without inquiring the object of the meeting we passed on, but before we had gone out of sight were overtaken, and informed that the head of that family had just been drafted into the service for Gen. Andrew Jackson’s Indian Army, and must appear at Fayetteville to be mustered into active service within a few days. Of course this was done by collusion, and for the relief of those who preferred to stay home, or if they must go, to do so as a paid substitute. They knew he could not leave his family under such circumstances, but could furnish a substitute, as he did…[his mother’s brother]…

                Our route of travel was the old western thoroughfare via Jonesboro, Knoxville, Carthage, and Gallatin to Nashville. I have a vivid recollection of crossing the Cumberland River by a ferry-boat, immediately below where  now stands the Southern Methodist Publishing House, and where a bridge afterward was erected, which has long since disappeared; and of the first appearance of the Public Square, and of the little town scattered among the cedars; the little white frame Bell Tavern, with its chicken coop over its tinkling bell, perched upon its top, standing on the bluff; the memorable old stone jail; the whipping-post and Court-house, on the Public Square; and of the blasting and digging out foundations for houses on the Square…In passing through Giles county, along the main road from Columbia to Huntsville, Ala., and especially beyond Pulaski, the whole country , even highest hills, seemed a vast cane-break. Indeed the road was so narrow, and the cane so high, that they often met over the carriages, and formed and evergreen arch. It was a wonder to us. Bears, wolves and deer roamed the forests at will, and the huntsman, his gun, and his dogs, were in their glory. And although my father had neither taste nor leisure for such sport, yet in self defense, and for the protection of his stock, he was obligated, on emergencies, to join his neighbors in such cases. I was present on a well-remembered occasion when we ousted a bear which had made a den too near us, and chased away the mother, and killed the two young ones…

                …We buried him [mother’s brother] near a Baptist church, which stood on an eminence that overlooks the pretty valy of Cross Water, near where the Nashville and Decatur Railroad passes, and about five miles southeast of Pulaski. It was the buring ground of the neighborhood, and was in a beautiful natural forest. In after-years I went in search of his grave, but was surprised and mortified to find no trace of church or cemetery. The dead were forgotten, and their memorials had perished. The very men who had turned pale at the rumor of and Indian raid, and fled with their wives and children to less dangerous neighborhoods , heartlessly drive their plows over the sacred spot where rests the dust of the brave volunteers who promptly stepped between the fugitaves and the uplifted tomahawk, and paid the penalty of their patriotism  with their precious lives. But their sleep is not the less profound nor their rest less sweet because no costly monument, inscribed with their names and deeds marks thir graves. Eyes that never sleep, and sentinels that never forget or grow weary, watch over and guard their dust; and, true to their trust will surly see to it that not one shall fail to respond to the roll call at the last day; and for “all that are in the graves shall hear his voice and shall come forth.”

                …[his mother died when he was 15 years old]…Who can estimate the value of a good mother to a large young family, or duly appreciate their loss under the most favorable circumstance? But in all the surroundings of this case there was only one thing to relieve it from being an overwhelming misfortune to her seven little girls. It was our father. Surly few men were ever better qualified to perform the duties of both father and mother. Lured, like thousands of others, by the rich and cheep lands in the Western frontiers, after inspecting the country in 1807, he left a pleasant residence in the midst of an intelligent community, where school Churches, and good order existed, not to mention a wide circle of relations and friends, and settled his family down the cane-break hills of Giles county, Tennessee. What if he did purchase a large tract of land at a low price; the gain was attended by an irreparable loss. I believe in migration – it is often proper; but in this, and many similar cases, it has proved unfortunate. Better to have stayed in North Carolina, educated and trained the children there, and then let them go out into the world equipped for the battle of life. There was really no necessity for it; if there had been, a smaller amount of land, with better advantages of society, health and comfort, might have been readily obtained. How often have I seen thirst for land, like the thirst for gold, prove a misfortune, not to say a curse. I do not so recall it in this instance – but from the standpoint of my mother’s grave it seemed so to us then; and what would have been our condition if our father, too, had then died?...

                One of the most serious objections to removing a family from an older section of the country to a frontier region is, usually, the absence of good schools, for Churches and schools are indispensible to the development of Christian civilization. Having personally enjoyed the best facilities the country afforded in this respect, it was natural my father should be anxious for his children to be educated. And it was due him to say, if there was a failure here it was not his fault. While he lived neither money nor effort was spared for this purpose. I do recollect who taught me the alphabet, or to spell and read – I presume it was my mother, as it was a family proverb with us that to send a child to school without knowing his “letters” was disgraceful. My earliest recollection of my literary history dates back to grandfather’s parlor, when as a little boy…

***Note: Other sources say James Paine migrated to Giles County Tennessee in 1812; however, records of Person County deeds show James Paine sold on December 24, 1813 to James Williamson 250 acres on Double Creek for $630, deed witnessed by Robert Paine, Jr. (his brother). He was also listed on the 1813 Person Co. tax list in Captain Daniels Dist. with 817 acres and 11 slaves. On March 2, 1814, James Paine sold 304 acres on Richland Spring Creek to Joseph Lunsford for $506.  His brother Robert Paine also came to Giles Co. He was listed on the 1813 Tax List for Person County in Capt. Daniels Dist. with 442 acres and 4 slaves. Last deed in Person Co. NC was Dec. 26, 1815 where he and his wife Polly (Cocke) sold 331 acres on South Fork of Flat River (being part of land of Wm. Cocke) for $850. First deed for Robert in Giles County May 25, 1816 for 471 acres on Indian Creek bought of William Polk of Wake County, North Carolina for $1177, his land adjoined that of his brother James Paine). In 1825, Robert sold 135 acres to his brother in law Edmund Shelton land on Indian Creek. Robert in 1830 Giles County, In 1831 he bought land in Tipton County, Tn. William Bird Brooks who married Sarah Paine was listed in Giles County Tax list in 1812. Edmund Shelton is listed on the Person County Tax list in 1812 with 126 acres and 8 slaves. He sold his land in Person County of 130 acres to his neighbor Alexander Cunningham on March 16, 1815 for $650 (land on State line and crosses Holts Mill Creek. This was the last record of Edmund Shelton in Person Co. NC., migrating to Giles County TN that year. Solomon Paine was listed on the 1813 Person County Tax List in Capt. Daniels Dist. with 1382 acres and 1 slave. Solomon came later to Tennessee and had an association with Lewis Shapard’s brother Thomas Shapard who also migrated later to Tennessee to Haywood County in 1838. Needlework dated June 1, 1831 from Elizabeth M. Paine while she attended Locust Grove Female Academy in Sumner County, embroidered Fredrick Turner b. 1762-d.1829, Mary Turner b.1762-d.1829, Solomon Paine b. 1787 -, Polly Paine b. 1793. Solomon Paine married Polly Turner (b. June 2, 1793) on August 4, 1813 daughter of Fredrick (1762-1829) and Mary (1762-1829). Polly’s siblings were Sally Turner married Daniel Cherry (Lewis sues Daniel cherry) on May 10, 1810 (Daniel lived in Haywood after migrating from Davidson). William Turner married on October 16, 1822 to Elizabeth Cherry. (recorded from William Turner bible). Solomon Paine is in Smith County in Nov. 1814 where he sues Benjamin Graves for a debt; May 1815 Solomon Paine exhibited his stock mark of a smooth fork in the left ear to be registered with the county court;,   In 1820 census Solomon is in Smith County Tennessee. He is trustee of the Methodist Episcopal Church founded in August 1820 in town of Carthage lot 8. He files a lawsuit there against Richard Barkley (sp?) in January 1831. He is in Haywood County in 1835.

Note: James Paine’s wife was Mary Williams. Her brother was Robert Williams (1783-1816).

85.   January 10, 1814 (Caswell County, NC. Deed Book R, p. 162)

Archibald Rice and William Slade, Sr. both of Caswell Co. for $400, four tracts of land. First,  57 ¾ acres of land on waters of South Fork of Country Line Creek. Beginning at post oak in William Slades line running south 33 chains 60 links to pointers his corner, thence west with Thomas Browns line 14 chains 80 links to black oak, thence  north 11 degrees west 34 chains to stake on old field, then east with the line of land allotted to said Archibald by the division of his fathers land 20 chains to the first station. Same purchased of Anderson Williams.

Second, adjoining the first, 64 acres beginning at a ___ his former corner and running west, a new line, 30 chains to pointers, thence north 23 chains 60 links to white oak on Wilie Yancey’s line, thence east on his line and his own line25 chians 30 links to a stake, thence south 11 degrees east along his own line to the first station. Purchased of Solomon Debow (?)

Third, adjoining the second, 33 acres beginning at a stake the field corner of said Archibald lot of land, thence east 29 chains to pointers, thence 11 chains 24 links to black oak, thence west 29 chains to a stake on the line of the widows dower, from thence to the beginning. Being the land allotted to Anderson Ball(?) in the division of the lands of Nathaniel Rice, deceased in right of his wife Nancy and sold by the said Archibald.

Fourth, adjoining the third, 34 acres beginning at stone corner of widows dower, thence east 29 chains to pointers, thence north 12 chains to pointers, thence west 29 chains to a stake in the field, then to beginning. Land allotted to Archibald in the division of land from his father, which said four tracts contained the whole 198 ¾ acres. (signed) Archibald Rice

86.       March 8, 1814 (Williamson County, TN, Deed Book D, pg 20)

Henry Phenix of Williamson Co. to Thomas Simmons of Davidson Co. Tenn. March 8, 1814. For $500 tract of land on Mill Creek containing 149 ½ acres on south side of Cumberland River and on the east fork of Mills Creek; bounded by Wm. Anthony and James Sanders. It being of a preemption sold by James Mulherrin to James Todd and by said Todd to Henry Phenix. Witness: Wm. Smith, Robert McFarland, Wm. Anthony, and Lewis Shaphard. Deed was proven in open court in July 1814 by William Anthony and Lewis Shaphard..

Note: Mill Creek is located in the eastern portion of Williamson County near Rutherford border.

Note: William Anthony appears to have had a long connection with Lewis Shapard as he is involved in a lawsuit with him in Smith County in March 27, 1817. William Anthony was born August 20, 1773 in Albemarle County, Virginia, son of John and Elizabeth Anthony. The family migrated during the Rev. War to Caswell County, NC. In 1793, when William was 17 years old, his brother James Anthony wished him to go to Tennessee with him. William joined the group of 9 men, 2 women and 8 children and on March 26, 1793, their group was attacked by a party of Indians near the Laurel River just before sunset. The men dismounted and defended the women and children. The skirmish last 15 minutes before the indians, numbering about 30, closed in on all sides. In the aftermath, known as the Cumberland Massacre, those killed were: Joel Corder and his family, James Anthony (Williams brother) and his family, Matthew Flournoy and Mr. Spilman. James Jones was wounded but survived. Those that escaped were: Robert Hill, James McFarland, Thomas Pennston and one of his children and William Anthony. William returned to Caswell County, to the elation of friends and family that had presumed he was deceased. William married Sarah Simmons on July 30, 1794 in Caswell County. He migrated to Williamson County Tennessee circa 1800. He died in Williamson County in 1847 possessed of 150 acres land 2 miles southwest of Franklin, 10 slaves, 110 hogs, 8 horses, 9 cows and 27 sheep, among numerous other household and farming items. His surviving children were Thomas S. Anthony, Martha C. (Carothers) and Mary W. (Buford).

87.       April 11, 1814 (Wilson County, Tennessee Marriage Bonds)

                Know all men, that we Lewis Shappard and William Parrish of the county of Wilson and the state of Tennessee, are held and firmly bound unto Governor of the said sate, for the time being, in the sum of twelve hundred and fifty dollars, to be paid to his Excellency, his successors in office, or assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, and each and every of us and them, both jointly and severally, firmly by these presents – Witness our hands and seals the eleventh day of April 1814.

                The condition of the above obligation is such, that whereas Lewis Shepard hath prayed and obtained license to marry Elizabeth Parrish. Now if the said Elizabeth Parrish be an actual resident in the aforesaid county, and there shall not hereafter appear any lawful cause why the said Lewis Shapard and Elizabeth Parrish should not be joined together in Holy Matrimony, as husband and wife, then this obligation to be void and of no effect, otherwise to remain in full force and virtue. (signed) Lewis Shapard and William Parrish.

*Note: Elizabeth Strother Parrish (b. 1767 - ?), daughter of Christopher Strother and Ann Kemp, married Henry Parrish about 1787 in NC. They had about 10 children: Mary “Polly” Parrish (b. about 1788,  married Mr. Green Seat before 1814), David W. Parrish b. 1789, fought in War of 1812 in Thomas Bradley Co., moved to Sumner co. in 1812. Married Lucinda Hunt on July 3,1813 in Sumner Co., Died in KY in 1876), William Parrish (b. about 1792 in Franklin Co., NC, married Martha Davis 1812 in Wilson Co.), Francis “Fanny” Parrish (b. 1794, married Samuel R Anderson 1811 in Wilson Co.), Nancy Parrish (b. about 1796),  Susanna Parrish (b. about 1798),  Elizabeth “Betsy” Parrish (b. about 1801 in Wilson Co. d. 1845 in MS. Married David Richards 1827 in Wilson Co.), Martha “Patsy” W. Parrish (b. 1803 d. 1880 in MS. Married Hobson Ferrell 1822 in Wilson Co.), Zuritha Parrish (b. about 1805 in Wilson County, Tennessee), Henry “Harry” Parrish (b. about 1807 in Wilson County, Tennessee).

Note: Green Seat was the son of Hartwell Seat and Rebecca Stokes who migrated from Sussex County, Virginia to Davidson County Tennessee in 1797. They owned 220 acres on Mill Creek and Stones River bordering the Williamson County Line. Hartwell Seat was the son of Robert Seat and Ann Felts of Sussex County, Virginia. Hartwells children were: William P. Seat (b. 1784) married Rebecca Clinton in 1808; Green Seat (b. c. 1786) married Mary “Polly” Parrish; Littleton Seat; John B. Seat; Sarah Seat wife of James Campbell; Ginny Seat married Mr. Watkins; Peggy Seat married Mr. Humphries. Green Seat is in 1811 Davidson County Tax Record (along with William P. and Joseph Seat). In 1813 (Williamson County Court Minutes Book 2, pg 60) Green Seat (among others) in charge of maintaining the road from Liberty Meeting House to Davidson County Line. He is a constable in Williamson county in 1813, fined $5 for not showing up to court (Familysearch image 290, Williamson County Circuit Court). He is a bondsman in the 1815 Williamson County TN marriage between George Harris and Mildred Newman. In 1824 (Green Seat (son of Hartwell) now of Cooper County Missouri sold 120 acres of land in Williamson County on Mill Creek to Thomas Mason (Williamson County Deed Book H, pg 63). Green Seat is appointed Justice of the Peace of Boonville in Cooper County Missouri on Jan 5, 1825 by Governor Fredrick Bates. In 1825 he was also elected at a trustee for the Boonville Academy school which was being established. He was a County Court Judge in 1826, 1827, 1831 and in 1834. Green Seat’s brother Littleton also moved to Cooper County Missouri where he and his wife Elizabeth sold land township 48, Range 17 in 1833. Green Seat and his wife Mary sold land to David Andrews in Boonville (Book D, pg 290). In 1828 Green Seat bought ½ section 12 in township 48 range 17 W of Henry Carroll.  

Note: Samuel R. Anderson married Francis “Fanny” Parrish in Wilson County on February 20, 1811. George W. Stell was their bondsman (he was the son of Jeremiah Stell who lived north of Parrish land).

Note: Henry Parrish appears to have migrated to Sumner County Tennessee from Franklin County NC  circa 1798. He bought land on Wolf Pitt Creek in Franklin County NC from John Davis in 1788 and sold the same to Thomas Brickell on March 23, 1792. (his last land entry in Franklin Co.).  In Wilson County in October of 1798, Henry Parrish of Sumner County rented 650 acres of land on Barton’s Creek and Sumner County, known as Conrad’s Big Spring Tract, for 5 shillings from Nicholas Conrad of Robertson County, Tennessee for the term of 5 years, beginning January 1, 1799 and ending on December 25, 1803. As part of the contract, Henry was to clear 20 acres of land and build a fence around said 20 acres. He was to have the benefit of 3 cows and a number of sows and at the end of the term, Henry would get half of all the offspring. In 1801 Henry was also to plant 100 apple trees, provided that Nicholas could get the trees within 15 miles of said land. On October 16, 1799, Henry Parrish of Sumner County, sublet the 20 acres of Conrad land under the same conditions (minus the animals and apples) to Alexander Easton for 5 shillings. Easton was given use of the timer for his plantation. At the end of 1803, Easton was to deliver to Parrish the cleared 20 acres with a fence. Bartons creek runs west of Lebanon in Wilson county, 2 miles east of Tuckers Gap. In 1798 at the time of the deed, Wilson county had yet to be formed, after it was in 1799, bartons creek became part of Wilson county.

Note: Henry Parrish was in Wilson County Tennessee as early as 1803. He owned 150 acres of land on Cedar Lick Creek  in Capt. Koonce District of Wilson County Tennessee from 1805 on until records end in 1807 from Tax Records of Wilson County Tennessee). See further records of this land and the Parrish children – Dec. 1818 and Jan 20, 1825.  Henry died in 1811 where David and Elizabeth Parrish were made his administrators on 14 May 1811. Henry Parrish died before May 1811. The inventory and sale of his estate are listed in the Wilson County Wills and inventories. Elizabeth Parrish is listed as the adminx. of his estate, and David (M. or W.) Parrish is listed as the administrator. Inventory included 4 slaves, 7 horses, 21 head of cattle, 12 sheep, 50 hogs, 50 geese and numerous other farming and household items.

Note: Wilson County Tennessee Probate Court Book, Inventories, Wills, and Settlements (Family search image 150) Act of sale of the perishable part of the estate of Henry Parrish decd, 18 July 1811. Elizabeth Parrish purchased the majority of the estate, other purchasers were: Edwin (?) Chandling, Benjamin Hobson, Deveraux Wynne, Bowling Felts, Johan Wynne, Samuel R. Anderson, Charles Lambert, Ruben Bullard, Sam C. Anderson, Joseph Cole, John Dew, David W. Parrish, John Galloway, Andy Chandling, Benjamin Ferrell, Green Seat, Jas. Henderson, Humphry Lawrence, Ryland Chandler, George Wynne, Burnell Faulks. (Elizabeth Parrish Administratix and David Parrish Administrator)

Note: Wilson County Tennessee Probate Court Book, Inventories, Wills, and Settlements (Family search image 198) Elizabeth and David Parrish in accounts to the estate of Henry Parrish decd. To the account of sales $717.66, To a judgment on James Anderson $200, To a note on William Faunn $52, To a note on James Bates $10. Cash paid for carpenter work $80, Cash paid for smiths work $4.25, Cash paid James McFarlin $25.12, Cash paid Henry Hovel $2, Cash paid Rollings ___ &Co. $46.10, Cash paid Joshua Kelly $12. (John K. Wynne, James Henderson and Deveraux Wynne were commission to settle estate by court) signed June 18, 1813.

88.   April 11, 1814 (Wilson County, Tennessee Marriage Bonds)

Green Cooke married Polly Nicholson on the same day as Lewis Shapard married Elizabeth Parrish in Wilson County. Witness Thomas Bradley. There is a possibility that this is Lewis’ stepdaughter. Polly Cook and Green B, Cook located in the 1850 census of Wilson County Tennessee. According to census she was born in North Carolina circa 1792. This also matches with her age and birthplace. Green Cook was a farmer born in 1790 in North Carolina. Marry Ann “Polly” Nicholson is buried in Dr. L.N.M Cook Cemetery in Wilson County with her husband. She died February 26, 1853. Note: The 1820 and 1830 census for Green Cook shows no record of Lewis Shapard living with them.

Note: April 11, 1814 is when received marriage license. War of 1812 for Green B. Cook says married on April 18, 1814. He served two tours in the War of 1812: enlisted September 24, 1812 – discharged April 27, 1813; reenlisted September 24, 1813 – discharged December 26, 1813.

Note: Their marriage license was witnessed by Thomas Bradley who was the Captain of the Tennessee Militia unit Green Cook was assigned to during the war.

Note: grave of Mary Ann “Polly” Nicholson Cook dated 1792-February 26, 1853. Husband Green Babb Cook b. 1788 in Franklin Co. NC – 1876 in Wilson County TN. Son of Jacob Cook and Elizabeth Babb. His son was Dr. L.M.N. Cook of Wilson Co.

89.   April 14, 1814 (October ?, 1814 Wilson County Loose Files of County Court, Box 13 folder 8, family search image 2206)

To the worshipful the county court of Wilson now sitting. Your petitioner beg leave to represent that Elizabeth Shepherd one of your petitioners is intermarried with Henry Parrish some time in ____ which marriage is dissolved by the death of said Henry, that said Henry died seized and possessed on one hundred and fifty acres land situated lying and being in the county of Wilson and State of Tennessee on the waters of Cedar Lick Creek on which land he usually resided before he died. That on said tract there are about forty acres of cleared land and a comfortable dwelling house. Your petitioner beg ___ further to represent that on the 14^th day of April 1814 they intermarried and your petitioner therefore pray your worships to appoint twelve ___ committee …to a lot and set off to said Elizabeth one third part of the land aforesaid which third is to include the mansion house in which said Elizabeth and the former husband usually dwelt before his death together with all the improvements hereunto belonging. (signed) Elizabeth Shapard (signed) Lewis Shapard

Note: Lewis Shapard obtained his marriage license on April 11, 1814, and according to the above document they married on April 14. His step daughter Polly Nicholson married Green Cook on April 18, 1814 yet obtained his marriage license the same day as did Lewis Shapard.

90.   July 1814 (Williamson County, TN, Deed Book D, pg 20)

Henry Phenix of Williamson Co. to Thomas Simmons of Davidson Co. Tenn. March 8, 1814. For $500 tract of land on Mill Creek containing 149 ½ acres on south side of Cumberland River and on the east fork of Mills Creek; bounded by Wm. Anthony and James Sanders. It being of a preemption sold by James Mulherrin to James Todd and by said Todd to Henry Phenix. Witness: Wm. Smith, Robert McFarland, Wm. Anthony, and Lewis Shaphard. Deed was proven in open court in July 1814 by William Anthony and Lewis Shaphard..

91.   September 20, 1814 (Wilson County Deeds, Book E, page 376)

                Indenture made this 20 September, 1814 between Joseph Cole of Wilson County of one part and Polly Seat, formally Polly Parrish, David Parrish, William Parrish, Francis Anderson, formally Francis Parrish, Patsey Parrish, Harriet Parrish, Zuritha Parrish and Henry Parrish, heirs of Henry Parrish deceased late of the county of Wilson of the other part. Witness that the said Joseph Cole for and in consideration of  the sum of  $337.50 him in hand paid by the said Henry Parrish deceased the receipt whereof is hereby acknowledged have given granted bargained sold assigned conveyed and confirred unto the [said heirs] a tract of land lying and being in the county aforesaid on the waters of Big Cedar Lick Creek. Beginning at two black oaks in Joseph Coles east boundary line running thenc south 79 degrees west 107 p to a hickory and small dogwood, thence north 24 ½ p to stake on the top of the ridge, thence west 180 p to a white oak and small ash in the west boundary line of the original tract, thence north with said line 82 p to a white oak and elm formerly Hick__ southwest corner, thence with his line east 101 ½ p to hickory and dogwood his southeast corner, thence south 24 ¼ p to white oak and dogwood Jeremiah Stills southwest corner thence with his line east 184 p to white oak Jeremiah Stills southeast corner thence south 12 ¼ p to poplar and mulberry Isham Wynnes corner thence with his line east 64 2/3 p to two sugar trees and box elder, thence south 56 p to white oak and two dogwoods thence west 64 2/3 p to beginning. Containing 150 acres… (signed) Joesph “C” Cole (illiterate).

92.   September 20, 1814 (Wilson County Court Minutes, Vol. 2, WPA, pg 58)

                On this 20^th day of September, 1814, came the parties (Shadrack Grigg, plft. vs. John W. Gregory, deft.) by their attorneys also a jury of good and lawful men to wit: John Simpson, John A. Givans, William Wilson, Leonard Caplinger, George Donnell, Dudley Brown, Lewis Sheppard, Joseph Cole, Samuel Anderson, Robert Donelson, Gilbreath Neil, John Hubbard, who being elected tried and sworn the truth to speak upon the issue joined upon their oaths do say they find for the plantiff the sum of ten dollars  for his debt…

93.   October 14, 1814 (Family Search, Wilson County TN, Inv. & Wills 1814-1819, pg 16 & 17)

                Sale of the property of Joseph Wilson, Deceased; Lewis Sheppard purchased one large gourd for $0.25, one log chain for $4.51 and one cotton wheel for $2.50.

Note: Other purchasers were: Martha Wilson (widow), Simpson Organ, Jesse Pimbleton, Samuel Love, James Jones, Samuel Calhoon, Isaac Moore, John Helms, Samuel Elliot, John Tate, James Shelton, Aaron Lambert, Thomas Bouner, Rolly Organ, Burnet Organ, John Cartwright, Jesse Warren, William Rice, Booth Warren, William Wilson, John Boran, Joseph Barton. (Look up names and deeds to find where this is)