When a Named Executor Refuses to Qualify--Benj. Cooke's Will

The probate files for Benjamin Cooke of Granville Co NC were well worth the read.  I knew that an executor named in the will could refuse but seeing how things played out when that happened were enlightening.  When a named executor refused, someone would be appointed by the court who would be an administrator rather than an executor. This was confusing to me because I had always associated the term administrator as what you have when someone dies without leaving a will.  That is not the case.  An administrator is anyone appointed by the court to handle an estate.  This can happen when someone dies without a will, doesn't name an executor in their will or when the one named declines to be the executor.

Below is my attempt at transcribing Benj. Cooke's will and list of purchasers at his estate sale.

Digital Copy of Granville Co NC Will Book 7  pg. 494 & 495
North Carolina, U.S., Wills and Probate Records, 1665-1998
https://www.ancestry.com/imageviewer/collections/9061/images/007639740_00515
Granville  > Wills, Vol 7, 1808-1816 > 515 of 710

Will
I Benjamin Cooke of Granville County & State of North Carolina
being of sound mind but ___?__ with the uncertainty of human
life do make and ordain this to be my last will & testament  Item
The first it is my will & desire that all my just debts shall be justly
and honorably paid and my executor hereafter named is authorized 

and impowered to sale such part of my property as he may think 
most expedient to affect that object.  Item the second I give and 
bequeath unto my sister Salley Cooke my molly long legs filly
and my watch I wish her to keep as remembrance 
her life time and to descend to her eldest son  should she ever have
one at her death.  Item the third I give & bequeath unto my
sister Martha my Harry Long legs colt.  Item the fourth I give and
bequeath unto my brother John my Rifle.  Item the fifth it is my
will and desire after my debts and the above legacies are paid that all
my remaining property shall be equally divided between my two sisters,
Salley and Martha thinking fit at the same time to declare that this disposition of my property is and ought not to be considered as evidence of my feeling a particular partiality for those of my relations who are to share my beneficences over and above those who are not,
my intention being to give to those I considered most needy.  Lastly
I appoint Woodson Daniel Executor of this my last will
& Testament in witness whereof I have hereto set my hand & seal

this 11th day of December 1814
signed & acknowledged in the presence of 
TEST
John C Courtney
Thomas P Downey            Benjamin B Cooke (Seal)
State of N Carolina
Granville County
February Court 1815

The execution of this will of Benjamin B Cooke dec was duly proved in open court by the oath of John C Courtney and Thomas P Downey the two and only subscribing witnesses thereto and ordering to be recorded Woodson Daniel the only person named in said will as an executor came into court and refused to qualify. As such Samuel Dickins is appointed administrator with the will annexed who after giving bond in the sum of seventeen hundred & fifty pounds with William Dickins and William Robard his sureties by law his qualification as such 
Witness Step. Sand Clerk
Digital Copy of Granville Co NC Will Book 7  pg. 494 & 495

Inventory

North Carolina, U.S., Wills and Probate Records, 1665-1998

https://www.ancestry.com/imageviewer/collections/9061/images/007639740_00542

Granville  > Wills, Vol 7, 1808-1816 > 542 of 710

Estate Sale 17th February 1815

The inventory lists items as well as purchasers.  I have included a list of the purchasers below. Please consult the digital image for full details as to which items were purchased by each person. Several of the purchasers names are listed multiple times and I have listed them as shown but am unsure if this is two separate persons by the same name or an additional listing.

Purchasers

Thomas Pool

Wm Smith

John Cuth

Absalom Kimbro

Woodson Daniel

Joseph Sneed

Wm Griffin

Joseph Norwood

Wm Norwood

Robert Norwood

Dudley Mingy

Wm Smith

John Elliot

Absalom Hunt

Wm Robards

Wheeler Grissom

Morris Smith

Allen Morgan

Salley Cooke

Saml S. Downey

Martha Cooke

Wm Mallany

James Hunt

Patsey Hunt

William Bullock

William Stovall

John Burriss

Thos B Littlejohn

Jesse H. Cobb

John Cuth

Howel Satterwhite

Mat Nichols

Cluster Research in the Revolutionary War Pension Files

I've been digging in the Revolutionary Pension files at Fold3 lately and reading some of the files of the FAN club of my ancestors.  There is much information in those files about when the soldier and his family moved on to other areas.  Kimbrough Ogilvie's(my 4th great granduncle) file contains details of his move from Granville Co NC to Bedford Co TN and then on to Kentucky.

Source: https://www.fold3.com/file/25355335/kimbrough-ogilvie-page-1-revolutionary-war-pensions
Veteran: Ogilvie, Kimbrough  Service: N.C.  Pension Number: S. 14050
Record Group 15: NARA M804. Revolutionary War Pension and Bounty-Land Warrant Application Files.

Blackwell researchers might be interested in the Revolutionary Pension file of John Blackwell. I'm interested in his file because Blackwells married into the Shem Cook(e) YDNA line and that line is the one our Cooke YDNA most closely matches. According to John Blackwell's statement he was born abt 1755 in Culpepper Co VA.  When he went into service during the Revolutionary War, he was living in Burk Co NC.  He moved from Burk Co NC to Abbeville Co SC in 1784 and from there in 1797 or 1798 to Franklin Co GA.  John's statement which was given in 1836 says that he removed from Franklin Co GA to Hickman Co TN about 18 years ago which would make the move about 1818.

Source:  https://www.fold3.com/image/12026579/john-blackwell-page-1-us-revolutionary-war-pensions-1800-1900

Veteran: Blackwell, John   Service: N.C.  Pension Number: S. 2083

Record Group 15: NARA M804. Revolutionary War Pension and Bounty-Land Warrant Application Files.

Check out the Revolutionary War page of the FamilySearch wiki.  The time period prior to 1850 Census records can be difficult to research but finding where your family was in the early 1800s can help you to locate more records and further your research.  

Cooke family info in Rev War Pension of Harwood Pope's Widow

Sworn statement by Shemuel Cook of Franklin Co NC August 4th 1843 which was included in the Revolutionary Pension Application File of Elizabeth Bowers Pope(widow of Harwood Pope)

Source:  https://www.fold3.com/image/25885037/harwood-pope-page-25-us-revolutionary-war-pensions-1800-1900

This 1840 US Federal Census Entry for Franklin Co NC shows a Shemuel Cook who is likely the same one in the above affidavit.

From page 27 of the previously mentioned pension file at Fold3 is a letter from Wm H Strother to Mr. H. W. Brummell  (transcribed below)

Source:  https://www.fold3.com/image/25885063/harwood-page-27-us-revolutionary-war-pensions-1800-1900


Mr. H W Brummell Louisburg 12th Aug 1843

Sir

Annexed is the certificate
of Shemuel Cooke relative to the marriage of
Harwood Pope. Mr. Cooke was that the marriage
but is unable to state the precise time but is
confident it took place within the time specified
on the certificate. The marriage can be established
by three other persons one of them Claiborne
Cooke the brother of Shemuel who resides in Granville
County. The other two are Rhody Jones & Katherine
Hill both of the county. Should the certificate
of Shemuel Cooke be insufficient I will attend
to the taking of the others immediately after hearing
from you. I shall however be absent from home
about three weeks--neither of the three above
mentioned recollect the precise time when the marriage
took place but were all present and witnessed it.


Mr. Shemuel Cooke is a man of good
character and his statement on oath would not
be questioned where he is known. My Mother was present but of tender years she has no particular
recollection of the time further than she was told that she
was eight years old. I concluded not
to take her certificate. present me to my Aunt


Yours Respectfully
Wm H. Strother

Using DNAPainter for analysis of a Mystery DNA Group

Within my families DNA match results, my siblings and me have shared DNA with the descendants of John William Jones and his wife Lydia William Jones.  I've not yet been able to determine the exact connection but I have used the WATO tree tools at DNA Painter to get a visual of the matches and the amounts at which they match us.  I used my shared cM amounts in the image shown below and have edited out the names of the matches. We match thru 4 different children of John and Lydia(at least...these are all that I have found represented so far).  I should note that Leona(Oliver's sister) married the brother of Oliver's wife.  By looking at shared matches I can tell that the connection is somewhere in the ancestry of my paternal Great Grandfather, William Green Cook(1854-1944).  It looks likely that it is on his mother's side(the Putmans) likely two or more generations further back.  

Also if I look at the shared cM chart I can get an idea of what relationships that amount of shared DNA might represent.

Comparing my own tree and those of this group of matches I can rule out anything closer than 3rd Cousins and I feel like the most likely would be somewhere between 4th Cousin thru 7C1R.  

Using the chromosome painter tool at DNAPainter I can further see that the shared DNA is with the Putman & Tyler Descendants.  This is shown here in their comparison with the DNA they all share with me but holds true for their comparison with my other siblings as well.  The marked painted segments below contain Cook / Putman cousins, Putman / Tyler cousins and several of the Jones / Williams DNA matches who have uploaded their DNA to sites which have a chromosome browser.

I hope to do more research on the mystery matches Ancestral Couple(& their ancestors) to see where they cross paths.  I'm wondering if it might be a Quaker segment.

These are just some of the tools which I find very useful that are available at DNAPainter.  There are many great resources for DNA analysis located there. I am a subscriber and find it very useful to my research(especially since I manage multiple tests.)  I would recommend at least setting up a free account there and trying it out to see if it is helpful to your research. For more information on DNAPainter and the Shared cM Project please visit the site.  The site help tools are wonderful and there is also a Facebook group as well as a blog.

Revolutionary War Application Info: Nathan Frizel S3380

My 4th Great Grandfather Nathan Frizzell served in the Revolutionary War out of South Carolina.  I descend from him thru two lines-- one thru his daughter, Margaret Elizabeth Frizzell Manley and the other thru his son, James Marion Frizzell.  Below is just a small portion of the information contained in his Revolutionary War Pension application.  In addition to the usual service details it also gives a pretty good detail of the families residences. Some of them ended up in Calloway Co. Kentucky.

From Nathan Frizel's Pension Application No. 3380 Served in South Carolina

14 Aug 1832 Bedford Co TN Court of Pleas and Quarter Session

Appeared before John L Neill, Samuel Phillips, & John S Armstrong

Esquires & Gentleman Justices of the Peace

He entered the Service of United State as a volunteer under Captain William Deason in what is now called Chesterfield District in the state of South Carolina, some time in the month of October 1780 and was attached to a Regiment commanded by Colonel John Marshall of General Sumpter's Brigade. He states they were not marched from that county or district any distance but was engaged in reconnoitering and acted as Rangers and watching the movements of the Tories until the following may when he states Col. Marshall's Regiment was attached to General Green's Army. He states he was marched with General Green's Army from Camden S Carolina to the high hills of Santa by way of a little town called  Statesville from that and to the Eutaw Springs, where he states he was in an engagement against the British who were under the commander of Lord Roddick He states that Col William Washington was taken prisoner at that Engagement by the British, he states that he company he belonged to was permitted to return home after the battle of Eutaw Springs after serving about eight months. he states that the was attached to General Sumpter's Brigade again and continued with him until Cornwallis was taken, he states he was engaged in several small skirmishes with the Tories one at Rugeley's Mill an Granny's Quarter Creek one other at Rocky Mount an Catawba River and one other skirmish at Black Creek with the Tories in Chesterfield district South Carolina. And one small engagement, which should have been mentioned previously in this declaration at the High Hill two miles from Camden about the 1st of May 1781. Making in all a term of service of twelve months or there about. H e further states that he has no documentary evidence whatever and that he knows of no person whose testimony he can precure who can testify as to his service and hereby relinquishes all claims to a pension or annuity whatever except the present, and he declares that his name is not on the pension roll of any Agency in the United States.  

Where and in what year were you born?

I was born in Baltimore County in the state of Maryland agreeable to my father's record therein on the 7th day of August 1759 

I have a record of my age at my dwelling in this county, wrote in my Family Bible

which Record was taken from my Father's Bible

I was a citizen of Chesterfield district in the State of South Carolina when I volunteered under Capt. William Deason and after the Revolutionary War I moved to Anson County in the State of North Carolina from that to Robinson(Robertson) county in the state of Tennessee about 1802 and from that I moved to Rutherford County in the same state and from there I removed to the county of Bedford in same state some time in the year 1808 or 1809 where I have lived ever since and where I now live. 

I was a volunteer during the whole time I served

I do not recollect the names of any regular officer except Col Wm Washington tho I saw Col Lee and Col Washington's troops frequently

I did receive a discharge in writing signed by Col John Marshall but I have lost or mislaid it many years ago & cannot produce it at this time.

(Character references from present neighborhood)
Rev. John Rushing
Capt. John Deason
William Norvell Esq.
John C Caldwell
Charles Taylor Sr.
Nathan Chaffin Esq.

Sworn to in open court the day and year aforesaid
16th August 1832

Links of interest

Revollutionary War Battles & Skirmishes in South Carolina

Rugeley's Mill

Source: 

Deposition of Claimant, 14 August 1832, Nathan Frizzell, invalid's pension application no. 3380 "Revolutionary War Pensions," database with images, Fold3 (https://www.fold3.com/file/21403156/nathan-frizel-revolutionary-war-pensions : accessed 1 October 2023); imaged from Revolutionary War Pension and Bounty-Land Warrant Application Files, Record Group 15: Records of the Department of Veterans Affairs, National Archives microfilm publication M804, roll 804

Bird's Eye View of Frizzell Families' Locations of Residence

Signature from Sworn Statement

J.G. Cook & D.V. Putnam--guests at Broadway House Hotel

The "From the Hotels" section of the paper for 13th September 1888 listed several familiar names among those at the Broadway House hotel.   J. G. Cook is Jefferson Gideon Cook(son of Wm C Cook and Elizabeth Putman) and D V Putnam is J. G. Cook's 1st cousin(the son of William Putman, brother of Elizabeth.)  David Vance spelled his surname as Putnam rather than Putman.  If, as some believe, Wm Putman's wife was the sister of Wm C. Cook, then Gideon and David Vance were double 1st cousins.  According to the 1888 city directory L W. Russell was the proprietor of the Broadway House hotel which was located at 413 Broadway.

Broadway House
Chas. Arnholt, St. Louis, MO
P. C. Snyder, St Joe, MO
W. M. Davis, Lasea
A. J. Redditt and wife,
Miss Moss, Riddleton
Harry V. Cooper, Wartrace
D. McDowald, Louisville
R. A. Smith, Columbia
W. H. Rhoads, Westmoreland
T. N. Moss, Echo
J. F. Carr, Hartsville
J. F. Duffer, Echo
W. H. Herman, Chattanooga
J. L. Jordan, Triune
J. W. Nowlen, Holt's Corner
Wm. Smith, Moodyville
S. B Smith, Bagdad
J. J. Bingham, Bingham
C. D. Kirkpatrick, Southall
W. J. Stallings, Palmetto
J. W. Osteen, Chapel Hill
W. W. Tullos
D. H. Roberts, Rock Hill
Chas. Biles, Franklin
D.V. Putnam, Nolensville
J. G. Cook, Eagleville
I. S. Page, Triune
T. Sanderson
R. M. Sanford, Nolensville
M. G. Corlett
J. B Reee(sic), Reed's Store
J. P. Barksdale, Celina
J. C. Rodgers, Wailes Station
E. P. Frazier, Godwin
J. H. McLerran, Celina

Sources:
"At The Hotels," Broadway House, The Tennessean, 13 Sep 1888, P. 3, col 5; digital images, Newspapers.com (https://www.newspapers.com : accessed 10 Sep 2023).

"U.S., City Directories, 1822-1995," digital image, Ancestry (https://www.ancestry.com/search/collections/2469 : accessed 10 September 2023) Tennessee > Nashville > 1888 > Image 87 of 474.