Littleberry’s Estate … What a Mess!

The following summary of the Littleberry Willcox estate settlement is based on probate records available at FamilySearch.org which were digitized from microfilm housed at the North Carolina state library in Raleigh, North Carolina.¹  There are big gaps in the timeline and it’s obvious that documents are missing. Additional records may exist in the Halifax County court house however, according to the state library, many Halifax county court records are missing, reason unknown. As I mentioned in the previous post, I do not provide references to the specific document images in Littleberry’s 113-page probate record. In writing this narrative, I examined each document image and created a timeline based on the dates on the documents or other information that pointed to a specific timeframe. The intent was to give a summary of the probate of Littleberry’s estate and not to address each document image available. You may examine the document images for yourself if you wish to get into the nitty gritty details.

Littleberry Willcox died September 15, 1856.  In May 1858, Littleberry’s daughter, Susan, and her husband, Thomas Watts, filed a petition in the Court of Pleas and Quarter Sessions² in Halifax County, North Carolina.  The petition was against the rest of Littleberry’s living children and the heirs of his deceased children for an account and settlement of Littleberry’s estate so that the plaintiffs could be assigned their share.  Several of the heirs were nonresidents of the state and the petition declared that publication be made for six weeks in the Weldon Patriot (a weekly newspaper) published in Weldon, North Carolina notifying the nonresidents to appear at the Halifax court house on August 16, 1858 to address the petition.  If the nonresidents did not appear, it would be assumed by the court that they were not challenging the petition and the case would be held ex parte as to them.  Future petitions from the plaintiffs were filed on behalf of “M. A. Willcox and others Ex Parte.” 

The heirs of Littleberry Willcox, led by Major Alston Willcox (oldest of the eight siblings), filed a petition sometime between 1860 and 1862³ stating that the lands were incapable of division in equal portion among the heirs due to the number of heirs and the quantity, quality and character of the estate.  The petition also stated that some of the heirs had been advanced more of the personal property than others.  They suggested that it might be necessary to carry the proceeds of the real estate into the personal property fund in order to have a fair partition and distribution of the entire estate.  The petitioners asked that the real estate be sold for partition and division among them.  The attorneys for the petitioners were Edward Conigland of Halifax, Joseph B. Batchelor of Raleigh, and B. F. Moore of Halifax.

Records of sales 1858-1861

• John Tillery purchased a cotton plough and other equipment for $242 on May 18, 1858. 
• Negroes were sold on January 2, 1860, for $7,617.25.  They were possibly sold to John H. Wood.
• Real estate
  • John Anthony, Clerk and Master in Equity⁴ reported in the Fall Term of Court (July-December) 1860 that he sold the lots in Weldon to N. M. Long, Sr. for $1,025 and that it was a fair price. 
  • N. M. Long bought 3 lots in Weldon for $1,100⁵ for the Raleigh Gaston Railroad Company in November 1860.
  • John Anthony reported in the Fall Term of Court 1860 that he sold the mill on October 13, 1860 to Richard B. Parker, John H. Wood, and John W. Johnston for $630 and that it was a fair price.
  • John Anthony reported in the Fall Term of Court 1860 that he sold land mentioned in the petition on October 13, 1860 to William H. Ponton for $290.  He was unable to report whether it was a fair price or not.
  • John Anthony reported in the Spring Term of Court (January-June) 1861 that he sold land mentioned in the petition on January 1, 1861 to Richard B. Parker for $395 and that it was a fair price.

In March 1868, Thomas Fitzpatrick, Clerk and Master in Equity for Halifax County issued a decree to Richard B. Parker and W. T. Sledge notifying them that they had 10 days to pay the purchase money for a “certain tract of land” sold in the case of M. A. Willcox and others ex parte or that judgment would be rendered against them.  The same decree was written to Richard B. Parker and John H. Wood for the purchase of a “certain mill.”  The decrees were written in September 1867 and issued March 4, 1868.  The land in question was purchased in 1860.

In the 1873 Spring Term of Superior Court⁶, the court commissioner, James H. Whitaker, filed suit against John H. Wood and John B. Bell for non-payment of a bond. The bond was executed by Whitaker in the Court of Pleas and Quarter Sessions on January 2, 1860 in the sum of $254 for the purchase of a slave named Lewis, formerly the property of Littleberry Willcox.  Whitaker demanded that payment be made in the amount of $254 with interest from January 2, 1860 plus court costs.  Whitaker’s attorney was Edward Conigland.

Next we come to a letter from attorney Joseph B. Batchelor to Thomas N. Hill, a Halifax attorney who seemed to have joined the case on behalf of the Willcox family.  The letter, dated March 25, 1874, outlined the facts of the case up to that point.  It is especially useful because it includes information not found in the other probate documents.  The bulk of the letter is quoted here:

“In reference to the Wilcox matter the facts are as follows.  L. Wilcox [illegible] died intestate before the war and F. N. McWilliams became his administrator. There was plenty of property to pay the debts of the estate without using either land or slaves for that purpose.  The slaves were sold under a decree of the county court in our ex parte application or petition for division.  J. H. Whitaker I think was the commission to sell he being the clerk.  What has become of this now I am unable to say except all the purchases turned out to be insolvent and no money [illegible] therefore was collected.  The land was sold under decree of the Court of Equity.  Some portion of the money was paid into office.  The R&G Railroad bought a lot in Weldon and paid for it.   The money was never distributed among the heirs.  Other parts of the land was purchased by individuals.  I think R. B. Parker was one of the purchasers.  Some or all of these are still unpaid and probably the bonds are among these now in the clerk’s office.  Whether they are or not the money I am satisfied was not paid and the title to the land was never made to the purchasers.  I think much of this can be traced by the records of the Equity office and the papers will no doubt show who became purchasers and of what particular [illegible] tracts of land.  If the land was not paid for it seems to me it may easily adjust the whole matter and for this purpose the old equity I [illegible] might be [illegible] within on motion or petition.  Mr. Conigland represents one or more of the heirs.  Mr. Moore represented some of them and I represent two.  They being now dead and their children of deceased now claiming their share.  I think the matter is well worth looking after and Mr. Conigland can no doubt greatly aid by his knowledge the facts with as the plaintiffs and parties and the property which was owned by Wilcox deceased.

I can not tell you how the accounts of the administrator stood.  My recollection is that there was a suit for an account and settlement but whether it was in the county court or court of Equity I can not now say. In this preceding there was evidence of advancement to many of the children and possibly an account taken.  All of this however should appear fully by the records.

I am very glad you have taken hold of the matter and will aid you all I can as no doubt will Mr. Conigland.”

Mr. Hill must have responded to Mr. Batchelor requesting more information because there was another letter from Batchelor to Hill dated June 2, 1874.  In this letter, Batchelor says he will aid Hill all he can but that Hill would probably have to rely principally on the papers in the clerk’s office for information.  Batchelor also suggested that Hill confer with Conigland since he also represented some of the parties.

Mr. Hill must have immediately gotten busy settling the Willcox case because there are many documents from 1875 where lands are re-sold and efforts are made to locate all of Littleberry’s heirs.

On January 30, 1875, Judge S. W. Watts of the Superior Court of Halifax ordered that he would sell to the highest bidder the mill tract and the tract known as New Ruin/River⁷.  The latter tract was about one hundred acres and adjoined the land of Mary Smallwood (daughter of Mary Shine and great-niece of Littleberry’s second wife, Martha) and Flavius J. Cheek.  This tract was on the Chockoyotte creek about 3.5 miles north of Weldon.  The land would be sold on the following terms: one fourth of the purchase money to be paid on the day of the sale and the remainder at twelve months with interest from the day of sale.  The purchaser would be required to give a well secured bond for the deferred installments.  The title would be turned over to the purchaser when the entire balance was paid.  The mill tract was originally sold in 1860 to Richard B. Parker, John H. Wood, and John W. Johnston for $630.  Apparently, this was one of the purchases that was not paid in full.

In March 1875, Mr. Batchelor sent a letter to Mr. Hill acknowledging that he was happy to hear that the Willcox case would be going before the court again.  Mr. Hill must have asked Mr. Batchelor for information about Littleberry’s heirs because he referred him to Thomas Jenkins, Major Willcox, and Berry Willcox (probably Littleberry’s son).  Mr. Batchelor stated that if they “can’t give you the names of the parties I have no idea where they can be had.”  Over the next several months, Mr. Hill received letters from family members and various local officials verifying Littleberry’s extended family members, their relationships, and where they lived.  All of the information in the letters verify and corroborate information in Littleberry’s family tree. Below is a synopsis of the letters:

• March 26, 1875
  • Received from Thomas W. Jenkins (husband of Susan Alston; son-in-law of Elizabeth Willcox, Littleberry’s daughter) of Halifax County, North Carolina
  • Mr. Jenkins verified the names and whereabouts of his wife’s sisters-in-law, Virginia Alston and Delia Alston.
• April 14, 1875
  • Received from W. C. Reynolds, Clerk of District Court, Mansfield, Louisiana
  • Mr. Reynolds verified that Majah (aka Major) L. Willcox and other (unnamed) descendants of James W. Willcox lived in Mansfield, Louisiana.
• April 26, 1875
  • Received from E. M. Harris, Office of Clerk and Recorder, Dallas County, Arkansas
  • Mr. Harris provided the names and locations of R. J. Willcox’s children.
• May 25, 1875
  • Received from E. M. Harris, Office of Clerk and Recorder, Dallas County, Arkansas
  • Mr. Harris provided more information about Robert Willcox’s children including the names of their spouses, number and names of children (where known), residence, and if any were deceased.
• May 11, 1875
  • Received from Robert Strother Wallis (husband of Elizabeth Willcox; son-in-law of Robert Willcox, Littleberry’s son)
  • Dr. Wallis gave the names of all nine of Robert Willcox’s children, spouse’s names, residence, and if any were deceased.
• May 22, 1875
  • Received from Major (aka Majah) L. Willcox (son of James W. Willcox) of Mansfield, Louisiana
  • Reported that his uncle, Willis A. Willcox, died at his father’s house in DeSoto Parish in March 1866.
• May 22, 1875
  • Received from W. C. Reynolds, Clerk of District Court, Mansfield, Louisiana
  • Mr. Reynolds listed the descendants of James W. Willcox and their ages. 
• June 8, 1875
  • Received from the law firm Pettus, Dawson and Tillman of Selma, Alabama
  • Reported that Col. Willis A. Willcox died in Dallas County, Alabama during the civil war and left one child, John G. Willcox, who lived in Columbia, Tennessee.  The date and location of death conflicts with the information provided by Major (aka Majah) L. Willcox of Mansfield, Louisiana.
• June 2, 1875
  • Received from Thomas W. Jenkins (husband of Susan Alston; son-in-law of Elizabeth Willcox, Littleberry’s daughter) of Halifax County, North Carolina
  • Mr. Jenkins wants to know how much Thomas Willcox and Berry Willcox have had or how much they owe the estate.  These must be some of the heirs that allegedly had been advanced some of Littleberry’s personal property.
• June 17, 1875
  • Received from C. M. Willcox (son of Robert Willcox) of Arkadelphia, Arkansas
  • Mr. Willcox gave the names of all nine of Robert Willcox’s children, spouse’s names, residence, and if any were deceased.

With facts in hand and a complete list of heirs, Thomas Hill and Joseph B. Batchelor filed a petition in the Halifax County Superior Court in the Fall 1875 session on behalf of the Willcox family.  The petition listed all of the heirs and explained the facts of the case.  In the Spring 1860 term of the Superior Court of Equity of Halifax County, the petitioners asked for the sale of a certain piece of real estate that they held as tenants in common.  At that time, the court decreed that the land was to be sold after due advertisement for 40 days upon a credit of nine months for one half the price and eighteen months for the residue with interest from the day of sale.  The purchase was to be secured by a bond with two sureties.

Thereafter, the following sales took place:

• Lots in the town of Weldon were sold on September 25, 1860 to N. M. Long for $1,100.  He then transferred his bid to the Raleigh Gaston Railroad Company and the sale was confirmed at the Fall 1860 term of court.  The title was directed to be made to the purchaser upon payment of the money.  The purchaser paid the money on November 12, 1860 to John Anthony, Clerk and Master of the court who then conveyed the town lots by deed to the purchaser.
• On October 13, 1860, John Anthony sold the mill tract to Richard B. Parker, John H. Wood, and John W. Johnston at the price of $630.
• The New Ruin/River tract was sold to Richard B. Parker for $395 on January 1, 1861.

Then, on March 4, 1868, Thomas Fitzpatrick, Clerk and Master of the court, issued notice to the purchasers and sureties requiring them to pay the purchase amount for the lands and return to the next term of court.  The purchasers had not paid for the land and the securities were insolvent.  Richard B. Parker died intestate (1869).  The administrators of his estate were W. W. Brickell and John W. Heptinstall.  Mr. Parker’s heirs were a wife, Sarah A. Parker, and two daughters, Laura, who married Thomas A. White, and Emma Parker.  The petitioners asked the court to require the aforesaid to appear at the next term of court and show cause if any they have why the land should not be resold.

The court agreed to the request.  John M. Gregory, Clerk of the Superior Court of Halifax, issued notice in November 1875 to John H. Wood, John W. Johnston, Sarah Parker, Thomas and Laura White, Emma M. Parker, W. W. Brickell and John W. Heptinstall to appear at the next term of the Superior Court of Halifax County in February 1876.

They answered the court in the Fall 1875 term admitting that they had received the notice against them and that every allegation of the court was true.  They asked that their case be dismissed.  W. H. Day was their attorney.

Judge S. W. Watts responded by appointing W. H. Shields as the commissioner to sell the mill and New Ruin/River tracts to the highest bidder at public auction at the court house on the following terms: one fourth of the purchase money to be paid on the day of the sale and the remainder at twelve months with interest from the day of sale.  The purchaser would be required to give a well secured bond for the deferred installments.  The title would be turned over to the purchaser when the entire balance was paid.

The court also acknowledged that there was a fund of about $330 in the hand of the clerk of the court which was part of the fund collected from the Raleigh and Gaston Railroad Company.  It was adjudged that the clerk should pay the same to the petitioners or their attorneys.

There is a little scrap of paper in the probate file dated February 7, 1876 that says that J. H. Magee bought the mill tract for $50 and F. S. Williams bought the New Ruin/River tract for $85. 

The next entry comes not from the probate records but from The Roanoke News of Weldon, North Carolina.  In the July 24, 1879 edition, a notice was posted from the tax collector, L. M. Long.

“Sale of land for taxes – I shall on Monday, August 4, 1879, sell to the highest bidder for cash at the court house door in the town of Halifax to pay taxes for the year 1879, one tract of land containing (92) ninety two acres more or less, belonging to the estate of Littleberry Wilcox, deceased, adjoining the lands of F. J. Cheek, Mrs. M. W. Smallwood and others, Weld Township.”

The next entry also comes from The Roanoke News.  In the December 8, 1881 edition, a notice was posted from Commissioner G. V. Hardee⁸.

“In pursuance of an order of the Superior Court of Halifax county made in the case of M. A. Wilcox and others ex parte, I shall sell to the highest bidder at public auction at the court house in Halifax on the 2^nd day of January 1882 the following land lying in Halifax county to wit: The mill tract and New Ruin/River tract belonging to the estate of Littleberry Wilcox deceased and adjoining the lands of Mrs. Mary Smallwood, F. J. Cheek, and lying on the Chockoyotte Creek, about 3.5 miles above Weldon, containing about one hundred acres.  Terms one-fourth cash, the residue at twelve months with interest from day of sale, the purchaser to give well secured bond for deferred installments, title to be retained till whole of purchase money is paid.”

We can only surmise from these newspaper notices that the 1876 sales to J. H. Magee and F. S. Williams also failed to close.

In the 1882 Spring Term of the Superior Court of Halifax County, Commissioner G. V. Hardee reported to Judge R. T. Bennett that the land described in the petition was sold to the highest bidder at public auction on January 2, 1882 where Major Hannon became the purchaser at the price of $305.  Mr. Hardee reported that the land sold for a full and fair price but that the purchaser did not comply with the terms of the sale. Judge Bennett ordered that the land be resold under the terms of the former decree. 

On August 25, 1883, John S. Gregory, Clerk of the Halifax County Superior Court, appointed Garin L. Hyman commissioner to sell the mill tract and the New Ruin/River tract to the highest bidder at public auction on the following terms: one fourth the purchase money to be paid on day of the sale and twelve months for the remainder with interest from the day of sale.  The purchaser was required to give a well secured bond.  Title would be transferred after the entire balance was paid. 

Garin L. Hyman reported to Judge James E. Shepherd of the Halifax County Superior Court that the land was sold to Catherine Willcox for $20 on November 23, 1883 and that he believed it was a fair price.  However, the court said that it was not a fair price and the sale was not confirmed.  It was ordered that the land be resold on the same terms and the commissioner report to the court at its next term.

Another notice was posted in The Roanoke News that the land would be sold to the highest bidder on May 5, 1884.  In the Spring 1884 term of Superior Court, Commissioner Garin L. Hyman reported that the land was sold to Catherine Willcox for $25 and “that on account of dispute as to the bills to said land believe it brought a fair price and he recommends the confirmation of the same.” 

T. N. Hill, attorney for the plaintiffs filed a motion for the plaintiffs requesting that the sale be confirmed and that the commissioner make title to the purchaser.  Judge A. C. Avery ordered it so. This is the end of the probate documents from the North Carolina Estate Files.  Catherine Willcox was the wife of Major Alston Willcox, oldest son of Littleberry Willcox.  Major died in 1883.

(See posts in chronological order)

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1. Halifax, Halifax County, North Carolina, estate file, Littleberry Wilcox, 1857; imaged “North Carolina, Estate Files, 1663-1979,” database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:QKBP-TJZ7: accessed 29 July 2026) > Halifax County > W > Wilcox, Littleberry (1857); Halifax County, North Carolina State Archives, Raleigh.
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2. The Court of Pleas and Quarter Sessions served as the civil, administrative, and judicial arms of North Carolina county government beginning in the Proprietary period (1663-1729). Staffed by justices of the peace and appointed by the governor, the court heard cases in which the amount of litigation was between 40 shillings and 20 pounds, as well as a variety of minor civil and criminal actions. Following the Civil War, the new state constitution replaced the justices of the peace with a county commissioner form of government in 1868. (https://www.ncpedia.org/court-pleas-and-quarter-sessions) ↩︎
3. This document contains no date but gives clues as to when it could have been written.  It references the late Mary Shine who died in August 1860, and Harriet Willcox who was unmarried at the time it was written.  She married Thomas Holloway in September 1862.  It also refers to John Pride and his wife Margaret (Willcox) Pride.  John Pride died in January 1860 but he lived in Arkansas so it’s possible that the North Carolina Willcoxes were unaware of his death when the petition was written. ↩︎
4. A Master in Equity was a judge who had the power to decide certain cases without a jury.  He typically handled cases involving real estate. ↩︎
5. An undated document from the probate records stated that the original price of $1,025 was insufficient and the purchaser agreed to advance his bid to $1,100 and pay in cash.  It was accepted by the plaintiffs and the sale was confirmed.  The decree was filed on behalf of the petitioners by attorneys B. F. Moore and J. B. Batchelor. ↩︎
6. Established in 1777, the superior courts are North Carolina’s oldest courts. Superior courts hear civil and criminal cases. Superior court is divided into five divisions and 48 districts across the state. Every six months, superior court judges rotate among the districts within their divisions. The rotation system is provided for by the state constitution and designed to minimize conflicts of interest that might result from having a permanent judge in one district. (https://courtcasefinder.com/north-carolina/halifax-county-superior-court) ↩︎
7. This tract of land is referred to as both New Ruin and New River in several documents.  I believe New River is probably the correct name as it is used the most often. ↩︎
8. An undated document from the probate files shows a court document removing W. H. Shields as commissioner (by his own consent) and appointing G. V. Hardee as commissioner in his place to the sell the land. ↩︎