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Brown, Nathaniel “Nathan”

NATHANIEL “NATHAN” BROWN
submitted by Mary Martha (Nieblas) Brown
Between 1835 and 1840, Nathaniel “Nathan” Brown (c1805-1886) married Elisabeth “Betsey” _____ (maiden name not yet known). Betsey (c1810-c1886) already had a child when she married Nathan. (That child became known as William Burton Brown.)It is believed that Nathan had several siblings, but their names are not currently (1999) known.

1840 U.S. Census, Buncombe Co., NC
Brown,Nath
1 male 5-10
1 male 20-30
1 female 20-30

1850 U.S. Census, Buncombe Co., NC
Brown,Nathan, m, w, 44, b. NC, farmer
Betsy, f, w, 44, b. NC
William, m, w, 17, b. NC, laborer
Frayday, Fr. M., m, w, 8, b. NC
Note: 2 people attended school; 2 people over 20 can’t read or write.

1860 U.S. Census, Swannano, Buncombe Co., NC
Brown,N., m, 54, farmer
Elizabeth, f, 49

1870 U.S. Census, Limestone twp., Buncombe Co., NC
Brown,Nathan, m, w, 60, b. NC, farmer
Betsey, f, w, 58, b. NC
Henry, m, w, 93, b. NC
Nancy, f, w, 65, b. NC
Dawkins,Nancy, f, w, 39, b. NC

Nathan was attended to on his death bed by Dr. Fletcher. There was a long court battle over the settling his estate.

In Buncombe County Court House there is a Will (#513) dated May 11, 1876. There is also a Will (#389) dated March 13, 1886. There is also a document (#514) dated April 3, 1886, submitting the Will which was dated March 13th.

At the North Carolina State Archives the following document dated August Term, 1888, was found:
“… is propounded for probate in the superior court by Francis M. Stevens, the executor therein named. And Betsey Butlar and her husband, Edward Butlar, Lyda Ownby, and her husband, Hamp Ownby, John Brown, F.W. Frady, Dixon Frady, Elizabeth Ownby and her husband, William Ownby, Harriett Ownby and her husband, Frank Ownby and Emaline Brumfeild and Ora Brown, heirs at law and next of kin of the said Nathan Brown entered a caveat to the probate thereof, and said that the same was not the last will and testament of the said Nathan Brown, or any part thereof. And thereupon, the court directed the following issue to be made up and submitted to a jury, to wit: Is the paper writing or any part thereof , and if so, what part, the last will and testament of the said Nathan Brown or not? And, on motion, it was ordered that a citation be issued to Susan Harris, May Brown and Francis M. Stevens, who reside in the State next of kin of the said Nathan Brown to appear at the next term of this court to see proceedings in this cause, and to make themselves parties to this issue, if they shall think proper. And it appearing to the satisfaction of the court that the said May Brown was an infant under the age of twenty one years, and without a general guardian, It was ordered that J.L. Murray be appointed guardian ad litem for the said May Brown, who came into court, and was duly made a part to such proceedings, by consent of all parties to the record. And it further appearing to the satisfaction of the court that a citation has been issued against Susan Harris, May Brown and Francis Stevens, agreeably to the order of this court, and that the same has been duly executed; and that the parties aforesaid, by their attorneys, came into court, and duly make themselves parties to this proceeding, and, a jury being chosen, tried and sworn to speak the truth of and concerning the said issue, joined between the said parties, as aforesaid, upon their oath say that no part of the said paper writing is the last will and testament of the said Nathan Brown.
It is therefore declared by the court that the said paper writing is not the last will and testament of the said Nathan Brown, nor any part thereof, And it is ordered that the said caveators herein before named do recover against the said estate of Nathan Brown the cost of this suit, to be taxed by the clerk of this court, and that a transcript of the proceedings, in this cause, be duly recorded, and filed in the office of the clerk of the superior court of Buncombe County, that he may proceed according to law.”

The WILL was finally settled in 1889.

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