Descendants of William SUTTON

Generation One

1. WILLIAM1 SUTTON was born circa 1760 in Dobbs County, North Carolina. He married Sarah (Sally) Arendell, daughter of William Arendell (Will of William Arendell, written May 1822, probated July 1822, copy in the Bryan Collection.). He died between 1813 and 1820 in Lenoir County, North Carolina (1820 Lenoir County, NC Census.).
William voted in 1788 indicating he was born before 1767. William was not on the 1780 Tax List indicating he was not 21 years of age. He does appear on the 1790 and 1800 Census.
William Sutton was a proven brother of Benjamin per the below receipt
MICKEY ELMORE COLLECTION - ECU
Receipt on 5 March 1785 of Mr. William Sutton by the hand of his brother Mr. Benj Sutton - 7 lbs 12 shillings 10 pence - signed by B.V. Whitfield
It is not clear if the William on the 1790 Census and later is the son or grandson of John I. Sarah Arendell married a Sutton and she was born ca 1775. No William appears on the Cross Indices until the late 1790's. Francis Hodges and I have decided that William of the 1790, 1800 and 1810 Census was the same person. What we know about his children appears to indicate this.
1790 Census
William - 1 male over 16, 1 under, 1 female
1800 Census
William - 1 male 0-10, 1 male 27-45, 2 females 0-10, 1 female 27-45 - 1 slave
Benjamin Sutton with the three wives was born in 1795 - proven - and his father was said to be William who married a Davidson but there is only one William on these census records. Mattie Jolly states that there is no evidence of a William married to a Davidson.
According to the late Hattie Daly, William and Sarah had two sons and one daughter that lived to adulthood - William Jr was born 1796 according to the census, his sister Polly was born c1792 and John was also suppose to be a son. If we are correct and John who md Polly Edwards was this son, that John was bc 1800 and would not be on the 1790 census and depending on when in the year he was born might not be on the 1800 census
1810 Census
William - 1 male 0-10, 1 male 11-16, 1 male over 45 1 female 0-10, 2 females 16-26, 1 female 27-45
THE ABOVE WILIAM--1810, 1800, AND 1790 MIGHT WELL BE THE SAME GUY, BORN 1755-65 (WE KNOW FROM 1810 THAT HE WAS BORN BEFORE 1765, AND FROM 1800 THAT HE WAS BORN NO EARLIER THAN 1755,OR SO IT WOULD SEEM. (FRH)
The 1810 Census is consistent with William Jr's birthdate, John who married Polly Edwards, daughter Polly, another daughter and two younger daughters we don't know about.
1820 CENSUS Sarah - 1 female over 45 - 2 females slaves, 1 free female
William - 1 males 18-25, 2 females 15-25, 1 female over 45 - 1 male slave
which one was Sarah Arendell?
AM GUESSING THAT THE ABOVE ARE SARAH ARENDELL (NOW WIDOWED-SHE IS MENTIONED IN HER FATHER'S WILL TWO YEARS LATER) AND HER SON, OLD MAN BILLY (B. 1795). HE WAS JUST OLD ENOUGH TO SERVE IN THE WAR OF 1812, LIKE THE ARTICLE SAID. (FRH)
It would be consistent for William Jr being this William with his brother John living with him, one possible wife, one possible sister - question is - who was the female over 45.
1830 Census
Sally - 1 male 0-5, 1 female 5-10, 1 female 23-30, 1 female 30-40, 1 female 60-70
COULD BE SARAH ARENDELL, IF SHE WAS BORN AS EARLY AS 1770. (FRH)

William 30-40 - etc
There are two females under age ten in William's household in 1800 whom we can't account for. I think there is a good chance one of them was Susan Elizabeth Sutton (b. 1791) who married Dennis John Daly (after her Herring jhusband died?), and that she was by an earlier wife of William, since she wasn't Sarah Arendell's daughter. That might account for the relatively large difference (twelve years or so?) in the ages of William and Sarah, since second wives were often younger. If this is true, then his first wife may have died in childbirth, as only a year or so separates Susan from Mary "Polly" (b. 1792), who we know to be Sarah Arendell's daughter. (FRH)
William died after 1813 and was in the Rev. War.
NC General Assembly Session Records Nov-Dec 1812, Box 4
State of NC, Lenoir Co - personally appeared before me this day William Sutton of the County aforesaid & after duly sworn Deposeth and sayeth - That he was Solder in the last revolution War & served under Jacob Johnston as Captain & that he was well acquainted with Isaac Parker who served under the same Captain & that at the Battle of Rock Fish the said Isaac Parker was severely Wounded in the Head, Arms, thigs & Legs, this deponant further Sayeth that he helptd to carry the said Parker between three & four miles on a Blanket, & assesed in Mursing him until he was nearly well, & do now know the sad Parker & think him an object of Legislative Linity.
signed by mark
Swore & Subscribed before the the 8th of Novr. 1813, Jas Bright, J.P.
Above information from Roger Kammerer
NOTE: Battle of Rockfish was where Wallace is now in Duplin Co. Aug, Sept or Oct of 1881.

SARAH (SALLY) ARENDELL was born CA 1770-1775 in Dobbs County, North Carolina (1830 Lenoir Co, NC Census.) (Will of William Arendell, written May 1822, probated July 1822, copy in the Bryan Collection.). Sarah died between 1833 and 1840 in Lenoir County, North Carolina (1840 Lenoir Co, NC Census.). Hattie Daly said the family called Sarah, Aunt Sack.

The five known children of William1 Sutton and Sarah (Sally) Arendell were as follows:

	2.	i. INFANT2 SUTTON was born between 1790 and 1800 in Lenoir County, North Carolina (1800 Lenoir County, NC Census.).
	3.	ii. MARY (POLLY) SUTTON was born circa 1792 in Lenoir County, North Carolina (1860 Lenoir Co NC Census.). She died between 1860 and 1870 in Lenoir County, North Carolina (1860 and 1870 Lenoir Co NC Census.). There is no proof that Mary was a daughter, but a Mary was on the 1850 and 1870 Census in the household of William and it is assumed he was her brother. According to Hattie Daly, William and Sarah did have a daughter Polly.
+	4.	iii. WILLIAM (BILLY) SUTTON, born circa 1796 in Lenoir County, North Carolina; married Hulda Isler; married Rachel Harper.
+	5.	iv. JOHN SUTTON, born circa 1800 in Lenoir County, North Carolina; married Mary (Polly) Edwards.
	6.	v. INFANT SUTTON was born between 1800 and 1810 (1810 Lenoir Co, NC Census.).

Generation Two

4. WILLIAM (BILLY)2 SUTTON (William1) was born circa 1796 in Lenoir County, North Carolina (1860 and 1870, Lenoir Co NC Census.). He married Hulda Isler, daughter of John B. (Gillard) Isler, circa 1820. He married Rachel Harper, daughter of Hughey Harper and Eleanor (Laney) Ward, circa 1830 (William L. Murphy., Greene County, NC Estate Records - 1839 - 1845 (Private).). He died circa June 1884 in Lenoir County, North Carolina (Will of William Sutton, written 2 April 1879 probated 21 June 1884, Lenoir County.).
Francis Hodges said it is well known in the family that Sarah Arendall had a granddaughter, Huldah who married Bright Kennedy.
Since this William had that daughter, it can be assumed this William was the son of Sarah.
On the 1850 census Rachel was in his household but it is fairly certain she was not the mother of all his children. Since the stone of Noah H. states his mother was R. one can assume Rachel was the mother. Rachel's first husband did not die until 1824 so she was not the mother of J.F.I. I originally placed Huldah as the daughter of Rachel, but that may not the case. John B. (Gillard) Isler of Jones County had a Will written 1822 and probated in 1823 and named a daughter Huldy Sutton. The abstract of the Will is on Jim Isler's website. John was the son of Frederick Isler. Everything fits for Huldy to be the first wife of William Sutton.
On the 1850 and 1860 Census there was a Mary Sutton in the household. Given her age, I am going to assume she was the unmarried sister, Polly.
His marriage to Rachel is proven by her father's estate records in Greene County. His negroes were divided among his children including Rachel Sutton wife of William Sutton. The estate settlement was on 5 January 1843.
WILL OF WILLIAM SUTTON
From the original obtained by Susan Sutton Moody from the Courthouse in Kinston. This William Sutton was the one referred to as "Old Billy" because of his age. |
Lenoir County: In the Superior Court
In the matter of the will of William Sutton Before Wm. Dunn, cfc
B. Frank Sutton being duly sworn doth say:
That William Sutton late of said County is dead, having first made and published his last will and Testament and that B. Frank Sutton is the executor named therein.
Further, that the property of the said William Sutton dec'd consisting of personal property and is worth about $1400 so far as can be ascertained at the date of this application, and that Hugh A. Sutton, Edward L. Sutton, Levi M. Sutton, Willie Loftin, Willie F. Sutton, Lillia R. Sutton, B. F. Sutton, Huldah I. Kennedy are the parties entitled under said will to the said property.
Sworn to and subscribed before me this 21st day of June 1884.
B. Frank Sutton
W. W. Dunn, cfc
State of North Carolina, Lenoir County
In the Superior Court
A paper purporting to be the last Will and Testament of William Sutton dec'd is exhibited before me the undersigned Clerk of the Superior Court for said County by B. F. Sutton the executor therein mentioned and the due executions thereof by the said William Sutton by the oath and examination of William Arthur and Everett Sutton the subscribing witnesses thereto who being duly sworn, both depose and say, and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of William Sutton, dec'd; that the said William Sutton in the presence of his deponent subscribed his name at the end of said paper wirting, which is now shown as aforesaid and which bears date of the 2nd of April 1879.
And the deponent further saith that the said William Sutton the testator aforesaid did, at the lime of subscribing his name as aforesaid declare the said paper wirting so subscribed by him and inhibited to be his last will and testament and this deponent did therefore subscribe his name at the end of said will as an attesting witness thereto and at the request and in the presence of the said testator. And this deponent further saith that at the said time when the said testator subscribed his name to the said last Will as aforesaid and at the time of deponent's subscribing his name as and attesting witness thereby as a foresaid the said William Sutton was of sound mind and memory of full age to execute a will and was not under any restraint to the knowledge, information or belief of this deponent and further these deponents say not.
Signed
William Sutton
Everettt Sutton
Severally sworn and subscribed this 21st day of June 1884 before me
W. W. Dunn cfc
I William Sutton of the County of Lenoir and State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existance do make and declare this my last will and testament in manner and form following that is to say,
First, That my hereafter named Executor shall provide for my body a decent burial suitable to the wishes of my relatives and friends and pay all funeral expences together with my just debts, however and to whoever owing out of the first moneys that may come into his hands as a part of parcel of my estate.
Item 1st. I give and devise to my Son Hugh A. Sutton the sum of One dollar in addition to what I have heretofore given him.
Item 2nd. I give and devise to my son Edward L. Sutton the sum of One dollar in addition to what I have heretofore given him also one share of stock in the A & NC RR. Co.
Item 3rd. I give and devise to my Grandchildren Levi M. Sutton and Willie Loftin children of my dec'd son J. F. I. Sutton the sum of Two hundred dollars each. Said money to be paid to them by my son Edward L. Sutton out of a portion of Lot ? or 4 of Which he has a deed for. Said Money to be paid two years after my death.
Item 4th. I give and devise to my Grandchildren Willie F. Sutton and Lillia R. Sutton children of my dec'd son Noah H. Sutton the sum of One hundred and fifty dollars each upon the following conditions that they are not to charge any rents from their Mother's, Bettie Sutton, land or their own land until they arrive to the age of twenty one years and in the event they do make any charge for said rents the hundred and fifty dollars each is to be null and void as their Board and Tuition will over balance the said rents.
Item 5th. I give and devise to my Son Benjamin F. Sutton the sum of One dollar in addition to what I have heretofore given him also one share of stock in the A & NC RR Co. And he the said B. F. Sutton is to pay Willie F. and Lillia R. Sutton children of Noah H. Sutton three hundred dollars each due two years after my death provided they do not charge any rents for their lands and in the event they do make any charge for said lands then the payment of the same shall be null and void.
Item 6th. I give and devise to my daughter Huldah I. Kennedy, the sum of One dollar in addition to what I have heretofore given her
Item 7th. The remaining portion of my estate if any I wish to be divided equily or put up at public sale and the proceeds thereof to be equily divided between my surviving children.
And lastly I nominate constitute and appoint my son Benjamin F. Sutton as my Executor for this my last will and testament declaring this and this only to be and to contain my last will and hereby revoking and declaring utterly void all other wills and testaments by me heretofore made.
Signed
William Sutton
Signed Sealed and published and declared by the said William Sutton to be and contain his last will and testament in the presence of us who at his request and in his presence and in the presence of each other do subscribe our names as witnesses thereto
Everitt Sutton
William Author
State of North Carolina Lenoir County
Superior Court June 21, 1884
A paper writing purporting to be the last will and testament of William Sutton is exhibited before me the undersigned Clerk of the Superior Court of said County by B. Frank Sutton the executor therein named and the due executor thereof by the said William Sutton is proved by the oath and examination of Everitt Sutton and William Arthur the subscribing witnesses thereto. It is therefore considered and adjudged by the court that the said paper writing and every part and clause thereof is the last will and testament of the said William Sutton and the same as such is ordered to be recorded and filed. And thereupon the said B. Frank Sutton Executor as aforesaid comes for ward and qualifies as such as is required by law.
Wm. W. Dunn cfc
Recorded in the office of the Superior Court Clerk of Lenoir Count the 21st day of June 1884
Wm. W. Dunn, cfc
Saml. R. Dunn DC.
HULDA ISLER died BY 6 Feruary 1882 in Lenoir County, North Carolina.
The Isler website list Huldy Isler Sutton bc 1784 as a daughter of John B. Gillard Isler. John B. was the son of Frederick. The site has Huldy married to an unknown Sutton. The name of William and his first wife, John Frederick Isler Sutton might indication this was the Sutton Huldy married. It was not uncommon for the 2nd wife to name a daughter after the 1st wife. Based on William's age, Hulda's birth was probaby after 1784 and closer to 1800.

The two known children of William (Billy)2 Sutton and Hulda Isler both born in Lenoir County, North Carolina, were as follows:

	7.	i. JOHN FRED ISLER3 SUTTON was born on 23 February 1822 ( Collection of Ima Eula Mewborn, Farmville, NC.) (Will of William Sutton, written 2 April 1879 probated 21 June 1884, Lenoir County.) ( Tombstone, Lenoir County, NC.). He married Nancy Mewborn, daughter of Hardy Mewborn and Deborah Parrott, in Lenoir County, North Carolina, circa 1842 (Collection of Ima Eula Mewborn.). John died on 31 August 1870 in Lenoir County, North Carolina, at age 48 (Ibid.) (Tombstone.). His body was interred in Lenoir County, North Carolina, in Parrott Family Cemetery.
	8.	ii. HULDAH I. SUTTON was born circa 1830 (Will of William Sutton, written 2 April 1879 probated 21 June 1884, Lenoir County.). She married Bright Kennedy, son of Jesse Croom Kennedy and Elizabeth Hardee. She died circa January 1882 in Lenoir County, North Carolina (Will of Huldah I. Sutton Kennedy, written 27 October 1881 probated 6 February 1882, Lenoir County, NC.). Huldah had a will written 27 October 1881, probated 6 February 1882. mentioned sons Oscar H. and Bright Kennedy.

RACHEL HARPER was born on 4 March 1804 in Greene County, North Carolina ( The American Advocate, abstracted in the NCGJ, February 87 by Katherine K. Walls, Kinston, NC.) (William L. Murphy, Greene County, NC Estate Records - 1839 - 1845.) ( Collection of Julia Moseley Combs, Hampstead, NC.) ( Tarboro Press, Tarboro, North Carlina.). She married John Pope Scarborough.
She died on 26 December 1857 in Lenoir County, North Carolina, at age 53 (Collection of Julia Moseley Combs.) (The American Advocate, abstracted in the NCGJ, February 87 by Katherine K. Walls.).
According to Julia M. Combs, Rachel Harper b 1804 daughter of Hughey, married first John Pope Scarborough who died in 1824. She later remarried William Sutton. According to the American Advocate, she was baptised by Elder James Moore, August 1830 and was a member of the Disciples of Christ.

The five known children of William (Billy)2 Sutton and Rachel Harper were as follows:

	9.	i. HUGH A.3 SUTTON was born circa 1832 in Lenoir County, North Carolina (Will of William Sutton, written 2 April 1879 probated 21 June 1884, Lenoir County.). I don't see Hugh on the Census after 1850.
	10.	ii. BENJAMIN FRANKLIN SUTTON was born circa 1836 in Lenoir County, North Carolina (Ibid.). He married William Persis Jones, daughter of William C. Jones and Persis Arendall Parrott. He died By 9 March 1887 in Lenoir County (Ibid.). He was living with his sister, Huldah, age 33 on the 1870 Census, unmarried. He had a will written 23 February 1887 probated 9 March 1887. His wife is proven by her sister's will, Anna Hardee.
	11.	iii. NOAH HENRY SUTTON was born on 2 January 1838 in Lenoir County, North Carolina (Ibid.) (Tombstone.). He married Betty Gray, daughter of John Gray Jr. and Ava Sutton, circa 1861 (Collection of Ima Eula Mewborn.). Noah died on 13 February 1865 in Raleigh, Wake County, North Carolina, at age 27 (Tombstone.) ( Collection of Roland Carmel Fields, Arlington, Virginia.). He was buried in Noah Sutton Cemetery,, Lenoir County, North Carolina. On the 1870 Census, Noah was deceased and his widow and children were living with his father.
	12.	iv. CHRISTOPHER C. SUTTON was born circa 1844 in Lenoir County, North Carolina (1850 Lenoir Co, NC Census.). He died before 1879 (Ibid.). There was a Christopher on the 1850 and 1860 Census in the household but he was not mentioned in his father's will which indicates he may have died. It is also possible, given his birthdate, he was not the son of William.
	13.	v. EDWARD L. SUTTON was born on 23 August 1847 in Lenoir County, North Carolina (Will of William Sutton, written 2 April 1879 probated 21 June 1884, Lenoir County.) (Tombstone.). He married Betty Gray, daughter of John Gray Jr. and Ava Sutton (Collection of Ima Eula Mewborn.). He died on 25 November 1908 in Lenoir County, North Carolina, at age 61 (Tombstone.). He was buried in Noah Sutton Cemetery,, Lenoir County, North Carolina. On the 1880 census were Edward 33, Bettie 36, William 17, Lillian 15, Minnie 10, Clyde f 10, Bettie 7, Bruce 3, Ora 1 m and father William.

5. JOHN2 SUTTON (William1) was born circa 1800 in Lenoir County, North Carolina. He married Mary (Polly) Edwards circa 1822 (Collection of John A. Sutton, PC #1793.1, NC Archives.) (NC Supreme Court Case - Sutton vs Edwards abstracted by Ruth Fentress.). He died between 1860 and 1870 in Lenoir County, North Carolina.
At this point it is not proven that John was a son of William and Sarah Arendell; however, there is some minor circumstantial evidence.
Hattie Daley stated that William and Sarah had a son John, who had a son John, who had children Everett and Mary Elizabeth. This might be slightly off. It is proven that John and Polly had a daughter, Rosie who was the first wife of John A. Sutton, son of John and Elizabeth. The name Everett can be found later in this family and indeed John and Rose had a son William E. born 1849 on the 1850 census and called Everett on the 1870 census b 1850. The name could have come from Rosie's brother. We are of the opinion that Everett was a middle name but have not been able to verify it. According to published census reports, John and Polly had a son William F. on the 1850 born in 1830, W. T. on the 1860 census born in 1830, and William T. appears in the household of William, his assumed uncle b 1830 on the 1870 Census. We are of the opinion the middle initial has been misread.
We have not been able to find a Mary Elizabeth.
Hattie Daly was rarely wrong in her family genealogies; however John A. is a proven son of John and Elizabeth Sutton of the Benjamin/Sarah line.
I can not identify John and Polly Edwards Sutton on the 1840 census in Lenoir County.
Martha, this is what I've been trying to remember to ask you about:
Polly Edwards, d/o Thos. Edwards d.Greene Co. 1822, m (2) John SUTTON & lived in Lenoir Co. Could that have been:
1850 Lenoir census:
#184 JOHN SUTTON AGE 51
Polly age 45
Wm L. 20
Sarah 17
Betsy S. 6
According to my records, Mary (Polly) Edwards was born 19th Jany 1803[from depostion of Henry Miller made 29 Jan 1848 at the Academy in Hookerton] so census age could be correct for her. From Supreme Ct Case, Sutton & wife vs Edwards et al, Dec 1848
[one of those cases Roger wrote about]
I've long wanted to identify Mary wife of John Sutton in the census & saw your question about him.
Ruth Fentress.
MARY (POLLY) EDWARDS was born on 19 January 1803 in Greene County, North Carolina ( Collection of Ruth Blount Fentress, Chevy Chase, Maryland.). She married Jesse Harper (NC Supreme Court Case - Sutton vs Edwards.). She died after 1880 (1880 Lenoir Co NC Census.). From Ruth B. Fentress
EDWARDS-SUTTON
Supreme Court Cases, Box 181: Case #4602, Sutton & Wife vs Edwards et al, Dec. 1848;
Box 204; Case No #5120 John Sutton & Wife vs Cullen Edwards, Dec. 1848
Bill of Complaint of John Sutton & Polly his wife of the County of Lenoir.
Thomas Edwards of Co. of Greene died intestate leaving a valuable Estate lying in said County which descended to the children & heirs of said Thomas, viz, Your complainant POLLY , THEOPHILUS EDWARDS, CULLEN EDWARDS, FRANCIS EDWARDS, THOMAS EDWARDS, NATHAN EDWARDS, ROSA EDWARDS & WILLIAM T. EDWARDS, the said Wm T. Edwards being the heir of William, who was a child of the sd. Thomas; the said Theophilus died intestate & without issue before the partition herein after mentioned.
After the partition of said Estate, William T. Edwards also died intestate & without issue, leaving EADY, his mother, surviving him, & afterwards WILLIAM H. CUNNINGHAM of Greene Co. intermarried with the said EADY, & they commuted a life estate interest in Lot No. 3, which was allotted to WILLIAM, father of the said Wm T. Edwards, into an estate in fee, for fifty acres thereof, by a joint deed from those claiming in remainder, & which the said Wm. H. Cunningham still holds.
At the 1823 Term of Ct of Pleas & Quarter Sessions of sd County, a petition was filed by or on behalf of said heirs. Petition was granted. John Scarborough, Jefse Cunningham, Blaney Harper, Josiah Sugg, Junr. & Wm. Pope were to make the partition to said heirs of Thomas Edwards, decd. They divided into 7 shares. Your complainant POLLY was allotted No. 7.
Lot No. 1 = Francis Edwards.
Lot No. 2 = Thomas Edwards.
Lot No. 5 to Cullen Edwards,
& Lots No. 1 & 2 to Cullen Edwards....
.& Lot No. 5 the share of Cullen Edwards conveyed to JOHN SUGG, & your orators charge that Cullen & John Sugg, had notice that their shares were charged....with said sums of money to be paid to your Orators share .........your Orators are advised the said assessments are a legal charge upon the said lots. Francis, Thomas, & Cullen have conveyed their shares under the sd. partition, & also consented, with the other heirs by which a life estate in Lot No. 3 was commuted into an estate in fee, for 50 acres to Wm. H. Cunningham, as herein before stated.
Orators say that John Sutton & Polly Edwards intermd., the said Polly being then underage, & being apprized of their rights under the sd. partition, they applied to Francis, Thomas & Cullen & to John Sugg and requested them to pay to your orators the sd. sums upon the shares which had been allotted to them, with which request they refused to comply.
ROSA EDWARDS is now the wife of WILLIAM E. HARDEE & they are made parties to this Bill.
The question: Whether the shares No. 1, 2 & 5 were not charged with assessments to be paid to No. 7.
JOHN SUTTON made oath the matters set fourth, as of his knowledge, are true.
Signed John Sutton. Sworn 7th April 1845. Chas S. Edwards C.M. E.
John Sutton & Polly his wife vs Cullen Edwards & Others.
Copy of Bill to Theophilus Edwards who is not to be found in County.
Greene County, NC, ...... Know that we, John Sutton, William Sutton & John M. Patrick are bound unto Cullen Edwards, Theophilus Edwards, Francis Edwards, Thomas Edwards, Nathan Edwards, William E. Hardee & Rosa his wife, William H. Cunningham & Eady his wife, & John Sugg------Signed 8 March 1845
Theophilus Edwards, one of the heirs, died intestate & without issue.
The heirs of Thomas Edwards, decd, were all minors at the time of partition of land.
The defendants say that John Sutton md. POLLY sometime in 182- . they do not admit that said Polly was at the time of marriage, underage, but say that she had been previously married, & was , they believe, of full age when she md. John Sutton, & at May Term 1826 for Greene, John Sutton was app'ted guardian of defendants Cullen, Nathan, Thomas, Franklin & Rosa, & took into his custody & possession all the real & personal estate, rented out their lands, hired out their negroes & received the rents, profits, & hires thereof, for several years, & until they respectively attained the age of 21; & that he received considerable sums of money from the estate of their father and brother Theophilus, on their account. And during their minority, the Complainant was at little or no expense on account of the defendants, as he gave them but little and very limited education, clothes them in a very ordinary manner, & required them to labor for their support & maintenance.
That when Cullen arrived at 21, having no personal knowledge of the share intended to be allotted to him, he was settled by John (Sutton) who was his guardian, on No. 1, as being the one allotted to him, & that he immediately commenced making improvements thereon. When Franklin arrived at age, & was about to settle on his share, it was then ascertained that the defendant had taken possession of the lot drawn by Franklin/ Francis instead of Lot No. 5 which had been drawn by him.....Lot no. 5 had been allotted to Cullen which mistake was caused by neglect of said John Sutton...........Cullen purchased the share of said Franklin/Francis, & that John Sutton said nothing of his having changed...the partition....& Cullen was entirely ignorant of the existence of any sucy lien or charge..........and so forth.
The defendants also said the Complainants, so they have been informed, did about the 28th of December 1826 convey all their interest in the said lands, or in the share allotted to them, to one ISAAC EDWARDS.......
Defendants signed 7 Oct. 1845. Cullen Edwards was the only one who signed his name. Others used their mark.
Depositions Taken:
Henry Miller, Esqr.. He says letters of adm. were granted to him on estate of Thomas Edwards. Granted to him & to Charles Edwards.
He also says the estate was in debt; that Thos. purchased a plantation a short time before his death, & left his estate "a good deal insolvent."
He paid nine dollars to each heir. He paid it to John Sutton, guardian to the 5 minor heirs.
He said Polly Harper widow of Jesse Harper was the oldest child of Thomas Edwards & that she then md John Sutton.
Deposition of Mr. Isaac Edwards:
He replies that he did purchase from John Sutton & wife the lot allotted to her in the partition of the lands of Thomas Edwards, decd & that he paid $420.
Deposition of William Churchill. He and Nathan Edwards rented jointly for one year the cleared lands on Lot No. 1 & 2 of Thos. Edwards, decd, from John Sutton, the guardian of the minor heirs, at the price of $50. That Nathan Edwards gave his note for the rentage & that he (Churchill) was his surety. The lands continued to be rented until the minors came of age. He also said that Lot No. 5, allotted to Cullen Edwards, was never in the possession of Cullen. He values annual worth of rent at $50.
Sworn 17 Dec. 1846.
....death of Thomas Edwards happened in 1822.
Slaves belonging to estate, but number not recollected, that were hired out yearly.
Nathan Edwards arrived at lawful age about 1834 or 1835.
Cullen Edwards "was a strong healthy boy aged about 11 yrs at death of father, & was able to work his way free from cost to anyone, & that he did labor."
Sworn 29 Jan. 1848, Wm. Churchill.
Partition of lands 10 Feb. 1824.
Lot 1, Francis Edwards
Lot 2, Thomas Edwards
Lot 3, William F. Edwards
Lot 4, Rosey Edwards
Lot 5, Cullen Edwards
Lot 6, Nathan Edwards
Lot 7, lies on Fort Run, Elizabeth Altmans corner...Nancy Parkses line...
All lots have brief description given.
Deposition of Bryant Sanders.
Deposition of John Sugg, Junr.
Deposition of Henry Miller. He was asked age of Mrs. Mary Sutton, wife of John. He replied that handwriting of her father bears date 19 Jany 1803. He also said he wrote a will for her in fall or autumn of 1823.
Deposition of William Pope, admr. of Theophilus Edwards, decd, son of Thos. Edwards.
End of Case.
Notes:
Thomas Edwards & wife Rosey Hooker, [d/ Wm Hooker & wife Laney Harper,] were parents of the following children:
Polly Edwards m. John Sutton of Lenoir Co. [son of William and Sarah Arendell]
Cullen Edwards m. Holland ______
Francis/Franklin m. Ava Sugg
Rosa Ellen Edwards m. William Edwards Hardy
Nathan Edwards m. (1) Hannah Churchill (2)Sarah Ann Dixon.

The four known children of John2 Sutton and Mary (Polly) Edwards were as follows:

	14.	i. ROSEY A. H.3 SUTTON was born on 8 January 1827 in Lenoir County, North Carolina (Collection of John A. Sutton, PC #1793.1, NC Archives.). She married John A. Sutton, son of John Sutton and Elizabeth (Sutton) (Ibid.). She died on 29 May 1855 in Lenoir County, North Carolina, at age 28 (Ibid.).
	15.	ii. WILLIAM EVERETT SUTTON was born circa 1830 in Lenoir County, North Carolina (1850, Lenoir Co, NC Census.).
	16.	iii. SARAH SUTTON was born circa 1834 in Lenoir County, North Carolina (Ibid.).
	17.	iv. BETSY A. SUTTON was born circa 1844 in Lenoir County, North Carolina (Ibid.).

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