James (Henry) Byars Deed Granville Co NC

I would like to share the following information from Marjorie Tucker. Marjorie was a Byars researcher over the past 20 + years. She passed from this life last year but wanted to share her work with other Byars researchers. I have included below her comments regarding the James Byars deed in Granville County, North Carolina (1757), and her transcription of that deed.

From: [email protected]
Sent: Wednesday, October 06, 1999 5:28 PM
To: [email protected]
Subject: James Byars Deed

Tim, I suppose you gave up on my transcribing the deed!It was very difficult, but I am satisfied with my results.I very much appreciate your scanning it for me.That helped a lot.

I am attaching it as a file, but I have made comments that I will paste here.I would very much like to have copies of this deed sent to all serious Byars researchers.I consider this a very important new breakthrough.I welcome comments by others.

Marjorie Tucker

COMMENTS

The following is a copy of the abstract of the Granville Deed, which has appeared in print for many years - at least as early as 1944 in the Will Franke papers:

Granville Co., NC, Book C, page 334 - Indenture Nov. 3, 1757 Nathaniel Henderson and wife, Parish St. John to James Byars of Hanover County, Va. 400 acres in County of Granville, Parish of St. John - Both sides of Michael’s Creek along Haywood (?) line. Witness Wm Sims - Proven Dec. 6, 1757.

There is a very important inaccuracy in this abstract.The location of the 400 acres is crucial to Byars research.It is a “parcel of land containing by estimation four hundred acres situate lying & being in the County of Granville & Parish of St. Johns & on both sides of Michael’s Crook of Island Creek.”

Both Nathan Byars and William Byars took the State Oath of Allegiance Nov. 15, 1777, being of 77 persons in the Island Creek so doing.For some time I had been unsure of the identification of this William, because there was only one William who received a pension from the Rev. War from either North or South Carolina, and he was William, son of David Byars and Margaret Carson.

I now believe the William of Island Creek, was the William who married Sarah Ann Doggett.I found a note in the Byars/Byers Family Enquirer, Vol. No. 1, March 1986, page 5 that there is a reference to William Byers being a Rev. Soldier in the DOGGETT FAMILY BOOK, Pub. 1894.This William has no DAR record, and did not receive a pension.

Nathan Byars and William Byars were most likely brothers or cousins.

It is important to find that James Byars bought land in the Island Creek area, but it is still unclear whether he ever lived there.Note that he paid for the 400 acres with Virginia currency, indicating he was living in Virginia at the time (1757). Note also that James and his wife, Rachel, of Hanover Co., VA, sold half of New Market Grist Mill Feb. 8, 1790, indicating that he was still living in Virginia then.

The 400 acres bordered the land of Capt. Sherwood Haywood.His name was not clear in the abstract.

Note:I still have not found that James’ name was James Henry.


Granville County, NC, Book C, pp. 334-335
November 3, 1757

This Indenture made this third day of November in the year of our Lord one thousand seven hundred & fifty seven Between Nathaniel Henderson & his wife Patience in the County of Granville Carolina of His own part and James Byars in the County of Hanover in Virginia the other part Witnesseth that the said Nathaniel Henderson & Patience his wife for and in consideration of the sum of forty pounds Virginia Currency to them in hand by the said James Byars at or before the onsealing & delivery of the sd. presents the sd. script whereof they the sd. Nathl. Henderson & Patience his wife doth hereby acknowledge & thereof & of & from every part & parcel thereof doth acquit & discharge the said James Byars his heirs Exers. & Admrs.They the said Nathaniel Henderson & Patience his wife hath granted bargained & sold aliened (transferred) enfeoffed (made a gift of any corporeal hereditamints to another) released & confirmed and by these presents doth grant bargain & sell alien enfeoff Release & Confirm unto the said James Byars and to his heirs & assigns forever one certain tract or parcel of land containing by estimation four hundred acres situate lying & being in the County of Granville & Parish of St. Johns & on both sides of Michaels Crook of Island Creek the same land being part of a greater quantity granted by Deeds to the said Nathaniel Henderson dated the fourteenth day of May 1757 and bounded as follows to witBeginning at a Red Oak in a line of the said Nathl Henderson thence along Sherd Haywoods (Capt. Sherwood Haywood - his name is spelled in full in the deed preceding this one) line South 30 degrees West one hundred & fifty two poles to a Red Oak thence South one hundred fifty six poles to a Hicory thence East two hundred poles crossing the I Creek (Island Creek) to a Red Oak then North one hundred & four poles to a red oak then East ninety poles to a pine then North one hundred seventy three poles to a Red Oak then West two hundred & four poles to the beginning and all houses out houses edifices buildings trees woods underwoods waters water courses fences yards gardens feedings profits commodities advantages hereditaments & appurtenances whatsoever to the said tract or parcel of land belonging or in anywise appurtaining and the Reversion Remainder and Remainders Rents issues & profits of all & singular the said premises and of every part & parcel thereof and also all the Estate Right Title or claim whatsoever of them the said Nathaniel Henderson & Patience his wife of in or to the sd. premises above memtioned & every part thereof To have and to hold the said four hundred acres of land & premises above mentioned & every part & parcel thereof to the appurtenances unto the said James Byars his heirs & assigns to the only proper use and behoof of him the said James Byars his heirs & assigns forever and they the sd. Nathaniel Henderson & Patience his wife for themselves their heirs Exers & Admrs doth covenant & grant to and with the said James Byars his heirs & assigns forever against the claim challenge or demand of them the sd. Nathaniel Henderson & Patience his wife their heirs and all & every other person or persons shall & will warrant and forever defend by these presents. In Witness whereof they the sd. Nathaniel Henderson & Patience his wife hath hereunto set their hands and Seals the day and year first above written.
Nathaniel Henderson(LS)
PatienceXHenderson(LS)
Memorandum that on the day & year first within mentioned(can’t read) & quiet possession and Livery of seizin (archaic phrase meaning an act of transferring physical possession of property) of the lands & premises within mentioned was conveyed & delivered by the within named Nathaniel Henderson & Patience his wife unto the within named James Byars to hold to him his heirs & assigns according to the purport bias intent & meaning of the within written Deed.

In the presence ofNathaniel Henderson(LS)
William Simsmark
PatienceXHenderson(LS)
Received the day & year first within mentioned of the within named James Byars the sum of forty pounds Virginia Currency it being the consideration within mentioned to be by him paid.

William SimsNathaniel Henderson

At a Court for Granville County 6th December 1757.
Nathaniel Henderson acknowledged this Deed with the Livery of Seizin & the Receit thereon endorsed to be his Acts & deeds, previous to which, Patience, wife of the sd. Nathaniel Henderson, who being first privately examined according to Law by Samuel Henderson, Esqr. appointed for that purpose by the Court, relinquished her right of Dower in the Lands by this Deed conveyed all which on Motion were Ordered to be Register’d.

Truly Register’d.William Eaton, Public Registrar