ESTATE OF PETER STROUD, SR.

Although the content of the these documents should not have been surprising to me, transcribing them was a very unsettling experience because of impersonal references to Negro slaves as property for whom a monetary value could be affixed. I can only hope that the slaves were well-treated and considered a part of the family. – Mary Fern Souder

Headings for these pages have been assigned by me in order to describe the content of each document, and were not on the photocopied images. Each heading is given in bold italics. In order to better check for accuracy, the margins and spellings of these transcriptions conform to the original images. The original documents were recorded in "North Carolina, Wills and Probate Records, 1665-1998," and subsequently photocopied by Ancestry.com. If one does not have a personal subscription to Ancestry, these imagages will probably not be visable on your home computer. However, these images will be visible at most public libraries through their commercial subscription to Ancestry.

https://www.ancestry.com/interactive/9061/007681878_01621??oud=2657209&backurl=http#?imageId=007681878_01621

Complaint of Peggy Stroud Harris Simmons
Images 1621-1641
Transcribed by Wallace and Mary Fern Souder
27 May 2007

(Image # 1621)
State of North Carolina
Haywood County Equity to the Honorable Judge of the said Court Equity.
The bill of complaint of Thomas Simmons
and his wife Peggy vs Hodge Rabourn of the County
and State above Defendant Humbly complain
among? sheweth to your Honor. That Peter
Stroud Senior late of Burke County who is now de-
ceased in his life time to wit on the 13^th Day of
February 1828 duly made his last Will and Testa-
(Insertion between the lines: and herein appointed Peter Stroud & Hodge Rabourn Executors)
ment a copy of which is here into annexed Mac.
A & prayed to be taken as part of this Bill. Your
Orator & Oratrix state that she being one of the
lawful children of the Testator was then a Widow
residing at a great distance. And is the person
who in said Will is called Peggy Harris. And
to whom in said Will is bequeathed the negroe
man Charles (and since intermarried with your Orator).
These complaintants state that some
time after the said 13^th of February Her Father the
said Testator then being very low & expecting to
be shortly separated from this World called together
all of his children then living near to him & being desirous
to put away his slave property distributed them
among his heirs according to a Schedule annexed
(two illegible words) Will, your Oratrix then residing at a
Image # 1622
distance and being ignorant of these transactions. Her
Father the said Testator made a Bill of sale of the said
negroe Charles to her & delivered the same together
with the negroe Charles in the possession of her
Brother William Stroud then living near the Testator
upon the express trust that he should hire out said
negroe & account for the same to your Oratrix
when she could be informed of these transactions
and apply for the same. Hodge Rabourn the Depo-
nant received a negroe woman Dolly it being the
part intended for Jessy Stroud one of the Testators Children
and who had by contract made over the same to
the Defendant said negroe woman shortly after
the decision aforesaid having been delivered
to the said Rabourn took sick & died
having whilst the property of the Defendant had a
child which the Deponent sold. Your Oratrix
states that afterwards the said Defendant & William
Stroud her Brother intending to defraud your Oratrix
combined together. And in pursuance of their design
destroyed the Bill of sale made to your Oratrix
the Defendant giving to the said William Stroud
the aforesaid child of Dolly & a bond of two thousand
dollars conditioned to indemnify the said William
against your Oratrix. They Joined in their
importunes upon her Father. He then lying
(Image # 1623)
on his death bed in a state of utter imbecility of
mind & totally incapable of reason or sound Judgment
being near 90 years old procured him to make
a Bill of sale for the negroe Charles bequeathed to
her in his Will, to the said Rabourn. And the
said William Stroud delivered the negroe into the
possession of the Defendant who has held him
on until now. The said William Stroud died some
time in the year 1825. And the said Peter Stroud the
younger became his new Administrator duly appointed
and who Orator & Oratrix praise? (pray) may be made
a party to this suit. And that he produce the aforesaid
bond of two thousand dollars. Your Orator & Oratrix
state that the said Charles was & is a very valuable
Slave whose hire is worth one hundred dollars
per year & has been all the time he was in
possession of the Defendant. In Tender consider-
ation whereof & for as much as your Complai-
ants are remediless save only in this Honor-
able Court of Equity where matters of fraud
are conveyable & relievable. To the end there
fore that the said Hodge Rabourn and the
said Peter Stroud may true & perfect Answer
to all & singular the allegations in this your
Orator & your Oratrix bill of complaint
(Image # 1624)
and is especially whether Peter Stroud the father did not
first in his will bequeath said negroe to your Oratrix
and afterwards made to her a bill of sale of sd negroe
and place it in the hands of said William Stroud
and deliver said bill of sale of negroe to him for the
use & benefit of your Oratrix. And whether the said
Hodge Rabourn & him the said William Stroud did
not destroy or procure to be destroyed
the aforesaid Bill of sale. And that they answer fully
& particularly about how the said Rabourn obtained
said negroe. And or what consideration he gave the child of Dolly
to William Stroud and for what purpose he gave
said bond of $200 (or $2000) and that they answer particu-
larly if said negroe was not worth $100 per year
and if he might not have been hired out for that
sum from year or to say what sum he might have
been hired for & what amt his labor is worth
May it please your Honour to Grant these
Complainants your writ of Subpeona. And may
it please your Honour to decree that the said
Raybourn deliver up to them – the Aforesaid
negroe & his title be annuld. That he accounts
for & pay over to your Orator & Oratrix his
(illegible) & the worth of his labor.
(The end of this document)

Estate of Peter Stroud, Sr.
Two of Peter Stroud, Jr.
1823 Bond of Hodge Raburn
Filed Fall Term 1827
Transcribed by Wallace and Mary Fern Souder
27 May 2007

(Image # 1625)
State of North Carolina In Equity
Haywood County Fall Term 1827
The answer of Peter Stroud (Jr.) one of the
Defendants to the Bill of Complaint of Thomas
Simmons & wife vs Hodge Rabourn & Peter
Stroud Administrators of William Stroud
Deceased - This Defendant serving & reserving
to himself all manner of benefit of exception
to the said Bill of Complaint For Answer
thereas or to so much as he is advised, is ma-
terial for him to answer with. Answereth
and Sayeth. That William Stroud died on or
about the 7^th of April in the Year 1823 Intestate
and this Defendant was appointed Administrator
of his Estate, & duly entered upon the same.
He among the papers found the Bond a copy
of which is annexed & the original is ready for
the use of the Honourable Court as they my direct.
Copy of the Bond –
State of North Caorlina
Burke County
Know all men by these
presents that I Hodge Rabourn
of the State of North Carolina & of Haywood
am held & firmly bound unto William Stroud
in the sum of Two Thousand dollars good &
Lawful money of this State to which payment well
& truly to be made and done I bind myself my Heirs
Executors and Administrators Jointly & firmly by
(Image # 1626)
these presents Sealed with my Seal and dated 17^th
March 1823 –
The Condition of the above obligation is such
if the above bounder Hodge Rabourn do well and
truly pay all costs & damages that may be recovered
against William Stroud by Peggy Harris or any other
person concerning one negro Man named Charles
formerly owned by Peter Stroud Snr. then the above
obligation to be void, elce (sic) to remain in full
force & Virtue Signed Sealed & acknowledged in
presence of
Attest
Thos. Green H Raburn (His Seal)

This Defendant further answers that his Father
Peter Stroud Snr mentioned in the Bill of Complaint,
did by his last Will bequeath the aforesaid negro Charles
to his daughter Peggy Harris & made a bill of sale to
her of said negro, which bill of Sale together with
Said negro was delivered to William Stroud decd. - in
trust for Peggy Harris as mentioned in the bill of Com-
plaint Defendant further answers that Hodge
Raburn & William Stroud did cause the aforementioned
bill of Sale to be destroyed in his presents -
Defendant further answers that Said Raburn
gave to Said William Stroud a negro infant (The
child of Doll bequeathed to Hodge Raburn as the
part belonging to Jessee Stroud, which part he had
purchased) and also thirty six dollars in cash
& the aforesaid bond of indemnity for which
William Stroud caused the bill of Sale made to
Peggy Harris to be destroyed. & immediately thereafter
Hodge Raburn got Said negro Charles into his possession.
(image # 1627)
As to what the hire of the negro was worth annually this
defendant answers that he believes the labor of
said negro to be worth Eighty dollars Per year
and further this Defendant sayeth naught.
Peter Stroud (Jr)
State of North Carolina
This Day came Peter Stroud before me and made
oath that the several matters and thing set forth in this answer
as of his own knowledge - - are true, and he verily believes the rest
of these facts in this answer are true
Peter (His X mark) Stroud
Wm. Norwood, H Cr&E

Estate of Peter Stroud, Sr.
3August 1827
Charges Against Hodge Rabourn and
William Stroud, Intestate
(Represented by his brother, Peter Stroud, Jr.)
Transcribed by Wallace and Mary Fern Souder
27 May 2007

(image # 1628)

In Equity

Thomas Simmons

&

Wife vs.

Hodge Rabourn

&

Peter Stroud

(Image # 1629)
And furthermore may it please your Honour
to decree such other & further relief in the pre-
meses as to equity & Justice doth belong to
your Orator & Oratrix as in duty bound
will ever pray
Wm? L. Carson Solicitor for
Complaints
Anderson Green Agent for complainants
deposeth upon Oath that the complainants
in this Bill have been damaged by the
Defendants Rabourn & by the Intestate William
Stroud to the amount of Nine Hundred &
fifty dollars and that the several matters and things
set forth in the foregoing Bill as of his own knowledge
are true. Those not of his own knowledge he believes to
be true.
Sworn to & subscribed the 3^rd of August 1827
before me
Anderson Green
John Howard C. M. E.
By M. Patton D.C.M.E.

Will of Peter Stroud, Sr.
13 February 1821
(Annexed to Complaint
of Peggy Stroud Harris Simmons)
Transcribed by Wallace & Mary Fern Souder
17 May 2017

(Image # 1630)
No. Carolina
Burke County
Peter Stroud Snr. for
good cause do give and bequeath
The following property herein named
these being my heirs* it being my last
Will and testament to wit –
Peter Stroud Junr one Negro Boy named Henry
Nancy Stroud one negro Girl named Mill
John Porter one negro Girle named Peg
Elizabeth Stroud, my wife one negro man named Jim
Mathew Mashburn one negro Boy named Arther
Peggy Harris one negro man named Charles
Jon Stroud one negro boy called Miles
William Stroud one negro boy named Elleck
David Stroud one negro man named old Jacob
William Green one negro boy called Jerry
Fanny Stroud one negro woman named Jean
Jorden Stroud one negro boy called Jacob
Robert Trosper one negroe girl named Seal
Hodg Raburn** one negroe woman named Dol
Thos. Raburn one negroe boy named Isaac
Rebecker Smith? one negroe Boy named George
(Image # 1631)
My land and all my other property at my
death to be Sold on a credit of twelve
months and divided according to the paper
hereunto accessed. and all my money and
debts due to me after my just debts is paid
to be equally divided amongst the above nam-
ed heirs Given under my hand and Seal
Feber 13 = 1821
Peter Stroud (His Seal)
Attest Thos. Green
James Mashbourn
Hodge Rabourn & Peter Stroud my Executors

*The names of all the men listed above who are not Strouds
are the husbands of Peter Stroud’s daughters. The
following paper, which is the third page of this document,
lists the given names of these daughters. Fanny Stoud and
Nancy Stroud were not yet married. M. F. Souder

*Note that Joice Stroud, born ca. 1806, and who married
John Joseph Ingle in 1827 in Burke County, NC, is not
listed among the above heirs. Nor is her name listed
among those appearing in the second list (see
below). Joice and Joseph Ingle can be found on the 1850
census in McDowell County, NC, with their eight
children. Although not a child of Peter Stroud, Sr., she
could well belong to one of his older children.- M. F. Souder

*At first glance it would appear that Hodge Raburn
(listed above) might have been another son-in-law of Peter
Stroud, Sr. However, the final series of transcriptions below
reveal that Hodge Raborn was the brother-in-law of Peter
Stroud, Sr. ALL of the court documents in this current study
are based on the complaint of Peter Stroud’s daughter Peggy
Stroud Harris Simmons and her current husband Thomas Simmons.
They assert that Hodge Raburn and the above William Stroud
were in collusion to try to deprive Nancy Stroud Harris
of her inheritance, by substituting Jesse Stroud’s
deceased slave, Doll,(whom Jesse Stroud had previously
sold to Hodge Raburn) for the slave named Charles,
who was promised to Peggy Stroud Harris. - M. F. Souder

Following is the third and final page of this Will,
with all of the daughters listed by their given names.
On this document the slave named Doll is
listed beside the name of Jessy Stroud. M. F. Souder

(Image # 1632)
Continuance of Will – Repeating of Heirs of Peter Stroud, Sr.
Peter Stroud (Jr): Henry & $400
Nancy Stroud: Mill & $150
Sally Porter: Peg & $150
Susannah Mashburn: Arther & $100
Peggy Harris: Charles
John Stroud: Miles & two hundred & fifty dollars
(Different handwriting on remainder of page)
William Stroud: Elleck & $300
David Stroud: old Jacob & $300
Kiziah Green: Jerry
Fanny Stroud: Jane
Jorden Stroud: Jacob & $30
Obedience Trosper: Ceal
*Jessy Stroud: Doll
Polly Raburn: Isaac & $450
Rebecca Smith: George & $30

*Note that whereas the slave named Dol / Doll was given to Hody Raburn in the previous listing, Dol was given to Jessy Stroud in this document. Perhaps between the times these two documents were written some trading was done, or a decision was made to correct an injustice? – M. F. Souder

Estate of Peter Stroud, Sr.
1827 - Court Cost
Transcribed by Wallace and Mary Fern Souder
28 May 2017

(Image # 1633)

2.
In Equity
Thomas Simmons &
Peggy his wife
Vs
Hodge Rabourn &
Peter Stroud
Original Bill
&
Haywood T.
Fall Term 1827

This Bill contains
1370 words
2 copies / subpoena
Capias /
enrolled once
2 affidavits, 1 bond = 11.53 1/2
Recording Pros. Bond .20
$11.73 ½

Estate of Peter Stroud, Sr.
The following five affidavits are listed in the order
of the images provided in Court Documents.
1827 Affidavit of Hodge Raborn
1812 Affidavit of Jesse Stroud
1812 Affidavit of Peter Stroud, Sr.
1823 Affidavit of Peter Stroud, Sr.
1827 Affidavit of Hodge Raborn

1827 Affidavit of Hodge Raburn

(Image # 1634)
State of North Carolina
Haywood County In Equity
To the Hon. Judge of the Court of Equity for said coun-
ty. The separate answer of Hodge Raibon to the Bill of
Complaint of Thomas Simmons and his wife Peggy by their
agent – Anderson Green.
This respondent having and reserving to himself
all and all manner of exception to the want of form in the
Plaintiffs Bill & the many indecencies and false statements there
in contained for (illegible word) thereto or to so much thereof as this Deft.
is advised is material for him to answer unto answereth and
sayeth. - That Peter Stroud Sen. died some time in the year
1823 (last digit illegible, but assumed to be 1823-MFS), but that it is
not true so far as comes within the knowledge, or even
belief of this Defendant that he "duly made"
any last Will and Testament in the month of February or any
other month in that year. It is admitted that about the year
1821, he did make a last Will and Testament, and that therein
the negroe boy Charles was given to Peggy Harris as stated in
the Bill. – Whether the paper writing annexed to the Bill is
a true copy of the Will made in 1821, this Defendant is un-
able to pronounce with certainty, from what he recollects,
of that instrument however, he is rather inclined to the opinion
that it is not. This Respondent admits further that Peter
Stroud Sen. did at one time intend the negroe boy Charles
for Peggy Harris now Peggy Simmons, the Plaintiff, but –
whether he ever executed a Bill of sale, he does not know, if he
did however this Defendant never saw it – and he denies most
unequivocally that he ever destroyed any such Bill of Sale
or ever procured the destruction thereof by any other person.
(Image # 1635)
This Defendant obtained his title to Charles in the following manner.
About the year 1812* Peter Stroud Senior, then being an
ole man and desirous of settling his worldly affairs called his
children together and made conveyances to four of them of
the one fourth part each of the whole of his estate, taking from
them at the same time Bonds in the penalty of one thousand
pounds conditioned, that they should permit him to retain the
exclusive enjoyment of the whole of the property thus conveyed
during his life, and make an equal division among their
brothers and sisters after his decease. These conveyances were made
to Jessee Stroud, William Stroud, Peter Stroud, &
his soninlaw Matthew Mashburn* each of whom was to
account with three of the children at their father’s decease and make
an equal division among the four of the fourth part of the property
thus conveyed.

(This implies that at the time, Peter Stroud, Sr. had 16
living children. – M. F. Souder)
Some time after the execution of the conveyances some
of the donees became restless, and anxious for the immediate
enjoyment of the property. Among the others, Jessee Stroud open-
ly announced his determination to his father to run the negroes
conveyed to him to the State of Tennessee and leave the old
man to his remedy upon the Bond. The old gentleman ignorant
of legal proceedings and alarmed at his situation applied to
this Defendant as his friend and his brotherinlaw,* to assist
him in his difficulties. This Defendant at his earnest Solicitation
remonstrated with Jessee Stroud upon the course he was pursuing
and on finding that nothing else would avail? any thing agreed
to pay him and actually did pay him, wi(th?) a negro boy ("a horse,
saddle and bridle" this phrase all crossed out-M. F. Souder) full value of five hundred
dollars, to surrender to the old man the conveyance alluded
to above, and to relinquish all claim to any part of his estate
and to convey to this Defendant his claim as an heir &
(Image # 1636)
distributee of Peter Stroud Sen.

(This indicates that Jesse Stroud assigned his portion of his future
inheritance from his father to Hodge Raburn! Matthew Mashburn
was clearly identified as a soninlaw of Peter Stroud, Sr., so it is
assumed that Peter Stroud, Sr., was correct when he called Hodge
Raburn his brotherinlaw. Jesse Stroud was therefore the nephew
of Hodge Raburn. Jesse Stroud was allegedly married to Naoma
Kelsey. Given her first name, perhaps she was also related to
Naomi, alleged first wife of Peter Stroud, Sr., and alleged to
have been a Raburn??However, it appears that Naoma Kelsey named
her firstborn daughter Rebecca.-M.F. Souder).

A copy of this conveyance is annexed and prayed to be
taken as a part of this answer, marked A.
Upon the conveyance made to Jessee Stroud being surren-
dered up as stated above, Peter Stroud Sen executed to this Respond-
ent a conveyance of the same property and in the same
words used in the conveyance to Jessee Stroud, a copy of
which is hereunto annexed and prayed to be taken as a part
of this answer marked B.

(So Peter Stroud, Sr. made a formal conveyance of Jessee R.
Stroud’s future inheritance to Hodge Raburn, and this explains
why Hodge Raburn was included in the lottery of the fifteen heirs
of Peter Stroud, Sr., mentioned immediately below-M. F. Souder).
(About nine years after the 1812 conveyances to the four heirs
of Peter Stroud, Sr., mentioned above, Peter Stroud, Sr., changed his
mind and proposed a different inheritance plan--M. F. Souder)

About the year 1821 his sons at least – some
of them continuing to harass him, by taking negroes into poss-
ession for a short period of time and then returning them
the old man Stroud again assembled his children and
proposed a new arrangement. It was agreed that his prop-
erty should be divided into fifteen* lots and his children
draw for their shares. In this lottery the Respondent admits
that Dol was drawn for him (but never conveyed to him)
and he denies most un-equivocally that he ever
received her into actual possession or ever
exercised acts of ownership over her in any way.
She was retained by old Mr. Stroud in his own possession
(being his cook) until her death. Shortly after the death
of Dol. this Defendant received a message from Peter
Stroud Sen. informing him that Doll the negro he had in-
tended for him was dead, but he had assisted him in
his difficulties, had advanced his money honestly and
he wished to make arrangements to pay him & therefore
wished this Defendant to come and see him. This Res-
pondent went accordingly the old man repeated the
substance of the remarks stated above and declared in add-
ition that he had intended Charles for Peggy Harris

*Fifteen children were listed in the1821 Will of Peter Stroud, Sr.,
plus his wife, Elizabeth, was to receive one slave. Elizabeth is
not mentioned again in these Equity documents. - M. F. Souder
(Image 1637)
but he must make arrangements to pay her in another
way. He requested this Defendant to go to William
Stroud and direct him to bring Charles to him, this Defen-
dant did so when the old man executed to him a
Bill of Sale a copy of which is annexed Marked C and prayed
to be taken as a part of this answer.
This Respondent denies that Charles was ever hired
to William Stroud upon trust to pay the hire to Peg-
gy Harris. The truth is that he was hired to him to
pay a debt due to William Stroud from Peter Stroud
Sen. at six dollars per month, and the old man
required this Deft to pay William Stroud thirty six
dollars which he owed him and which was to have
been discharged by the boys wages, which sum
this Deft. did pay.
With regard to the child of Doll this Deft.
States positively that he never claimed it, he never
had it in possession, and he never conveyed it upon
any consideration to William Stroud or any other
person. He denies that he ever offered any inducements
or used any persuasions to obtain or convey any
of the negros in question from Peter Stroud Sen. Nor
did he ever join with William Stroud in, or procure
William Stroud to use any "importunities" to bring
the matter about "when he was lying upon his death
bed, in a state of utter imbecility of mind." as alleged
in the Plfs bill. This Defendant admits that he
gave William Stroud a Bond to indemnify him against
Peggy Harris. He did it because William Stroud
(Image # 1638)
required it at his hands, and because having years
before honestly paid his money, he believed he had
nothing to fear from those whose claims were foun-
ded on no consideration. As to the value of Charles
this Respondant admits he is a valuable boy and
that he has been hired at the rate of seventy two
dollars per year.
This Respondant paid for the title he has to
Charles for four? hundred dollars more than
fifteen years ago, and he paid at the time he got him
in possession more than ten years after the above payment
thiry six dollars mon(ey?) He made the advancement to
Jessee Stroud from the most charitable motives and by
it relieved the fear and anxieties of the old man and
restored quiet to the family, and whether the negro is a
valuable boy he is not worth by a larger sum, the money
(including interest ) which he cost. This Defendant
has had the negro in actual adeorse? possession for
more than three years, and prays that the benefit of
the Statute of Limitations may be extended to him.
This Defendant states that he is informed and
believes that Peter Stroud Sen previous to his death made
provision for the payment of a distributive share
to Peggy Harris now Peggy Simmons and will be
able to prove that her husband Thos: Simmons the
Plf. as received nearly two hundred dollars in
(Image 1639 )
discharge of his claim against the estate of Peter
Stroud, Sen. and in lieu of the provision entered to
have been made by conveying to her the negroe boy
Charles.
Without that J. C. (Just Cause???)
And prays to be hence
dismissed with his reasonable costs
D. L. Savin (?), Sol. 1812 Affidavit of Jessee Stroud
A.
Know all men by these presents that I Jessee Stroud of the County
of Dickson and State of the Tennessee doth appoint constitute &
ordain Hodge Raburne of the County of Burke & State of North Carolina
as my proper atorney (sic) to collect & receive to his own an(d) all that part
or portion coming to the said Jessee Stroud by legase (legacy) or dowry as one
of the heirs of Peter Stroud Sen. from said Peter Stroud Senor to be
collected and accounted for by said Hodge Raburn, Peter Stroud jr,
Matthew Mashburn, and William Stroud appointed as his gardeans (sic)
during his natural life & his execution after death & I the Said Jessee
Stroud doth agree that the Said Hodge Raburn is fully empowered
to act, receive & do in my name & for me to his own proper use, to be
sure(ty?) to him and his heirs forever, and that estate, lotment or portion
coming to me from said Peter Stroud Senior. by kinship or
dowry, to be accounted by the abovementioned Hodge Raburn, Peter
Stroud, Matthew Mashburn and William Stroud, and this shall at
all times be their clear receipt, for accounting and setting all the
above estate with him the said Hodge Raburn for me and my
heirs forever. Given unto my hand and seal this 8^th day of May,
1812. Signed sealed and delivered in presence
of James Mashburn & David Humphries
His
Jessee (his X mark) Stroud Seal
(Image # 1640)
1812 Affidavit of Peter Stroud, Sr.
Peter Stroud, Sr., transferred former inheritance of his son
Jessee Stroud to Hodge Raburn-M. F. Souder)
B.
This indenture made this 4^th day of May one thousand eight
hundred and twelve. Know all men by these presents that I
Peter Stroud Senior of the State of North Carolina and County of
Burke doth bargain and sell unto Hodge Raburn of the State
and County aforesaid certain negroes to wit, Charles, Jean,
George, & Arter. Charles twenty two years of age,* Jean fifteen
years of age, George four year old, Arter in his second year
our wagon and all the gran and every thing that appertains
thereto one bay horse fifteen hands high about thirteen years
old, called Buck, one bed and furniture, one third part
of all the pewter that belongs to the plantation, one fourth
part of all the working tools, and one fourth part of all the
grain that belongs to the plantation, and one fourth part
of all the meat belonging to the place, and fourth part
of all the pot–vessels and saddles and cradles and bees,
and all wooden vessels belonging to the place, two big
wheels and now I Peter Stroud of the same State & County
aforesaid doth bargain and sell, these within named
articles unto the said Hodge Rabun for & in consideration
of the sum of one thousand pounds in hand paid to the said
Stroud by the said Rabun & I the said Peter Stroud doth
warrant & defend all the property within mentioned to the
said Hodge Raburn and his heirs and assigns forever to
have and to hold clear of all encumbrances from me
or my heirs and assigns and executor and administrators.
Signed sealed and delivered.
Peter Stroud His Seal
Thos: Green
Samuel Davis

*(This deed essentially transfers ¼ of the estate of Peter Stroud,
Sr., to Hodge Raburn. Four slaves (out of 16) are being transferred,
Also note the age of Charles. This transfer was obviously written
under the abovementioned assumption that each of four devisees
would later share their portion with three of their siblings-M. F. Souder).
(Image # 1641)
1823 Affidavit of Peter Stroud, Sr

(1823 deed of sale of sale of negro Charles to Hodge Raborn.- M.F. Souder

C.
State of North Carolina
Burke County.
Know all men by these presents
That I Peter Stroud Senior have this
day sold and delivered unto Hodge Rabun for the sum of
six hundred dollars, one negroe man named Charles aged
30 years of age* which negroe I warrant & forever defend
free from the claim of all manner of persons. In
witness whereof, I have set my hand and seal. March
17 . 1823.
Peter (his X mark) Stroud His Seal

*Note that in 1812 Charles was 22 years of age, and in 1823 he was 30 years of age, indicating that Charles had survived during the past eight years, and that Peter Stroud kept accurate records of the ages of his slaves. M. F. Souder

1827 Affidavit of Hodge Raburn

Attest Thos: Green
State of North Carolina
Haywood County
Hodge Rabourn swears that the several
matters and things set forth in the foregoing answer as of his own
knowledge are true; those not of his own knowledge, he believes
to be true.
October 6th, 1827 sworn to before me
John Howard C.M.E.
By M. Patton D.C.M. E.
(End of all photocopied Estate records for Peter Stroud, Sr.).

M. F. Souder Observations

*Most evidence suggests that Peter Stroud, Senior, was born ca. 1737. The above document states that in about 1812 Peter Stroud, Sr. was already "an old man" (and probably about age 75). Peter Stroud, Sr., did not make his will until 1821 (making him about age 84). He did not die until at least 1823, making him at least 86 at that time.

*Mention in the above document that the testator, Hodge Raburn, was a friend and brother-in-law, of Peter Stroud, Sr., may be the source that early-day rearchers used to suggest that the maiden name of the first wife of Peter Stoud, Sr. was Raburn. (On the other hand, family legend among descendants of this family has been strong, so maybe it was passed down from generation to generation). Susannah Stroud (proven daughter of Peter Stroud, and wife of Matthew Mashburn) named a son Raburn Mashburn. Additional research is needed to date the times when Peter’s wives are mentioned in Orange, Burke or Haywood Counties, NC.

*In 1789 in Burke County, NC, Rebecca Stroud witnessed the Oath of Payment in the case of James Wood vs. James Williams.

*On the 1790 census in Burke County, NC, Hodge "Raybun" was enumerated in Company 4. Nearby was "Kezzi Raybun," a "free white person" who was living alone. Farther away was Robt. Hodge, suggesting that Hodge Raburn might have been named for a previous Hodge ancestor.<

*Having a single woman named Kezzie Raybun, living near Hodge Raybun in 1790 suggests the possibility that she may have been the mother of Hodge, and the maternal grandmother of Keziah Patton Stroud Green, firstborn daughter of Peter Stroud, Sr., and his first wife (Rebecca Raburn). Why was Kezziah Stroud’s middle name Patton?

*Fifteen (surviving) children were listed in the1821 Will of Peter Stroud, Sr., plus his wife, Elizabeth, who was to receive one slave. Elizabeth is not mentioned again in these Equity documents. Based on census records in Burke County, NC, she could have been the mother of some of the younger children of Peter Stroud, Sr.

*In 1810 Peter Stroud was enumerated in Burke County, NC: 1 male over 45 (he was ~73), 3 females under10, 1 female 10-15, and one female 26-45 (Elizabeth).

*Based on the affidavits reported in this study, it appears that throughout the years there was a lot of buying, selling and loaning of property by various family members to each other (which was common and necessary in Colonial times, and even today in farm families). The above records that have been found surely do not reflect all of the formal or informal arrangements made within this family. It should be noted that the documents filed in this Court of Equity were not always dated.

The end of transcriptions and M. F. Souder personal comments.