Maria Virginia Bartlett (Yancey) Swepson (1826-1901)

Maria Virginia Bartlett (Virginia) Swepson formerly Yancey

Born 2 Nov 1826 in Caswell County, North Carolina, USA

Ancestors

Daughter of Bartlett Yancey Jr. and Ann Nancy (Graves) Yancey

Sister of Rufus Augustus Yancey, Frances Williams (Yancey) McAden, Curtius Yancey, Algernon Sidney Yancey, Mary Catherine (Yancey) Mebane, Bartlett Yancey, Anne Elizabeth (Yancey) Womack and Caroline Louisa (Yancey) Mebane

Wife of George William Swepson — married [date unknown] [location unknown]

[children unknown]

Died 15 May 1901 at age 74 in Raleigh, Wake County, North Carolina, USA

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Profile last modified 6 Aug 2021 | Created 30 Oct 2016

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1 Biography
2 Sources

Biography

m: George W. Swepson

Name: Virginia Bartlett Yancey. Given Name: Virginia Bartlett. Surname: Yancey. Source: Details: <a href="http:/wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=dYancey&id">Yancey Family Genealogical Database<a>. A Given name was found in addition to a first name in the NAME tag.

Born 2 NOV 1826. Caswell County, North Carolina. Source: Details: <a href="http:/wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=dYancey&id">Yancey Family Genealogical Database<a>.

Died 15 MAY 1901. Raleigh, Wake County, North Carolina. Source: Details: <a href="http:/wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=dYancey&id">Yancey Family Genealogical Database<a>.

Buried Oakwood Cemetery, Raleigh, Wake County, North Carolina.

Note: #N1641.

Marriage Husband @I3201@. Wife @I3195@. Marriage 23 NOV 1842. Caswell County, North Carolina. Note: #N25256.

Notes

Note N1641 Virginia Bartlett Yancey (1826-1901)

(for larger image, click on photograph) _______________

The Landmark (Raleigh, North Carolina), 17 May 1901 (p.3).

The will of her mother gave to her the portrait of her mother Ann (Nancy) Graves Yancey. She was born Maria Virginia, but changed her name. Some show 1904 as her death year, but her grave marker in Oakwood Cemetery (Raleigh, Wake County, North Carolina) provides 15 May 1901 as the death date. _______________

At least one author speculates that Maria Virginia Yancey eloped with George Swepson when only sixteen years and moved with him to Raleigh. However, doubt on this speculation is cast by the following:

Marriage Record Groom: George W. Swepson Bride: Virginia B. Yancey Bond Date: 23 November 1842 Bondsman/Witmess: Abisha Slade Source: Caswell County, North Carolina Marriage Bonds, 1778-1868, Katharine Kerr Kendall (1981) at 104.

Abisha Slade undoubtedly would have alerted the mother of Virginia B. Yancey to any elopement attempt.

See: Cassebaum, Anne Melyn. Down Along the Haw: The History of a North Carolina River. Jefferson (North Carolina): McFarland, 2011. _______________

Inscription: George William Swepson Born in Mecklenburg County, VA June 23, 1819 Died in Raleigh, North Carolina March 7, 1883

His Loving and Devoted Wife Virginia Bartlett Yancey Born in Caswell County, N.C. November 2, 1826 Died in Raleigh, N.C. May 15, 1901 Trusting in Jesus for Salvation

<a href="http:/www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=94443742"> Find A Grave Memorial<a>

<a href="http:/ncccha.blogspot.com/2006/11/george-william-swepson-1819-1883.html">Biography of George William Swepson (1819-1883)<a> _______________

John A. Graves v. Catharine Howard et al, Supreme Court of North Carolina, 56 N.C. 302 (1857)

The bill was filed by the administrator with the will annexed of Elijah Graves, praying the advice of the Court as to his duty in the payment of the debts and legacies. The parts of the will material to the questions propounded, are as follows:

"To the children of my deceased sister Elizabeth Kimbrough, who may be living at my death, I give the sum of twelve hundred dollars.

"In like manner, I give to the children of my deceased brother Thomas Graves, who may be living at my death, twelve hundred dollars, to be equally divided between them.

"To my sister Catharine Howard, I give the like sum of twelve hundred dollars, if she be living at my death. If she dies before I do, or is now dead, then I give the sum to her children, who may be living when I die, to be equally divided between them.

"To the children of my deceased brother William Graves, who may be living at my death, I give the like sum of twelve hundred dollars, to be equally divided between them. The share of Elijah Graves, the younger, however, to be held by my personal representative in trust, for the sole and separate use of his wife and children, so long as he lives, and then to be paid over to his wife and children in equal shares.

"I give to the children of my deceased sister, Delilah Miles, who may be living at my death, twelve hundred dollars, to be equally divided between them.

"I give to my nephew Napoleon Elijah Graves, my undivided half of the tract of land, near Milton, in Caswell county, known as the Milton race tract.

"I give to my friend Major L. Graves, of Georgia, the sum of three hundred dollars.

"My will is that my land shall be divided as follows:

(Setting out the metes and bounds).

"The lower tract of land aforesaid, I direct to be sold by my personal representative, upon such credit as he may deem expedient.

"To the living children of my sister Nancy Yancy, I give twelve hundred dollars, to be equally divided between them; the share of Virginia, the wife of George W. Swepson, is to be paid over to and held by Giles Mebane, in trust for the sole and separate use of Virginia Swepson aforesaid, so long as she lives, and after her death, if she dies without a living child, to be equally divided among her surviving sisters.

"My will is that all my slaves shall be equally divided among those of my brothers' and sisters' children who may be living in Caswell county at the time of my death, and if there shall not be property enough away from the sale of land, and property of a perishable nature, belonging to my estate, (and such land only as I have directed to be sold), to make the children aforesaid, living out of the county of Caswell, equal, in reference to the division of slaves, with those living in the county, then I direct that the children to whom I give the slaves aforesaid, shall pay to those living out of the county such sum of money as will be sufficient, together with what may arise from the sale of property aforesaid, to equalise them all in the distribution of the slaves; but I direct that the share of Elijah Graves, jr., shall be delivered to and be held by Abisha Slade in trust, as aforesaid, for the sole and separate use of the wife of the said Elijah, and her children, so long as he lives, and then to be equally divided between his said wife and children. * * * All the residue of my estate and effects, I give to the four youngest daughters of my deceased brother William Graves, namely, Isabella Dodson, Fanny Tuberville, Cornelia Tuberville and Virginia Graves."

The first question submitted in the bill, is whether Mrs. Swepson's share shall be assigned to her in slaves, or shall be made up in money. It is insisted by some of the legatees that, because Giles Mebane, to whom the legal interest in the legacy is conveyed, is not a citizen of Caswell county, but lives in Alamance county, she is not entitled to a share of the slaves in kind.

Secondly. The bill alleges that the administrator has sold the land and perishable property set apart for sale, and that the fund thus arising, added to the money on hand, and that arising from debts due the estate, and other sources, is insufficient to pay the pecuniary legacies and debts, and to equalise the division of the slaves between the two classes of legatees. He says that there is nothing falling into the residuum except the houses and lots in Yancyville. He asks the Court to instruct him how to proceed in this case: whether the pecuniary legacies shall abate, or shall he sell property to pay the whole, and if the latter, what property is he to sell? Shall he, in the latter alternative, sell slaves, or apply the money raised by selling the houses and lots falling into the residuum?

The plaintiff also asks the Court to "advise him upon the construction of the will generally."

The several legatees interested in these questions, were made defendants, and filed answers, admitting the facts, but insisting on different views of the rules governing the case, according to their several interests.

Cause set for hearing on the bill, answers and exhibit, and transmitted to this Court by consent.

PEARSON, J.

1. Virginia Swepson is entitled to a share of the slaves. She was living in the "county of Caswell." The circumstance that Mebane, in whom the legal title vested, lived out of the county, does not affect the legacy. She is the beneficial owner. Indeed, the will speaks of her share in the slaves. This removes all doubt.

2. The residue of "the testator's estate and effects," means what is left after all liabilities are discharged and all the purposes of the testator are carried into effect. Consequently, the lots and houses in Yancyville must be sold, if, upon taking an account, it is found necessary to sell any property other than that directed to be sold.

The fund for equalising the distribution of the slaves, is the money arising from the sale of the land and property of a perishable nature, with this restriction, such land only as I have directed to be sold. There is, then, a further provision by which the children who get slaves are to contribute for equality of partition. This is a charge on the slaves as a dernier resort.

The fund for the payment of debts and pecuniary legacies, is the same with this addition, it also extends to the houses and lots in Yancyville, which are not specifically disposed of. This presents a question of "marshalling." There is a fund common to both, and a fund subject only to one charge. Upon a well-settled principle of equity, this separate fund must be applied in aid of the common fund; that is, the lots and houses must be applied to the payment of debts and pecuniary legacies, so that the common fund may, if possible, be made to cover both charges before the ultimate resort is made to the slaves for contribution.

3. The advice asked upon the construction of the will generally, is too vague and indefinite.

There will be a decree in pursuance of this opinion. The costs will be paid out of the estate.

PER CURIAM, Decree accordingly. _______________

1850 United States Federal Census Name: Virginia B Swepson Age: 23 Estimated birth year: abt 1827 Birth Place: Caswell Gender: Female Home in 1850 (City,County,State): Caswell, North Carolina Family Number: 527 Household Members: Name Age George W Swepson 31 Virginia B Swepson 23 Fannie A G McAdam [McAden] 10 Bartlett Y McAdam [McAden] 19 R B Simpson 24 Rebecca Spragins 21 John G Jeffreys 30

1860 United States Federal Census Name: V B Swepson Age in 1860: 32 Birth Year: abt 1828 Birthplace: North Carolina Home in 1860: Alamance, North Carolina Gender: Female Post Office: Graham Household Members: Name Age Geo W Swepson 41 V B Swepson 32 John Patton 28 Alex Holt 24

1880 United States Federal Census Name: Virginia Swepson Home in 1880: Raleigh, Wake, North Carolina Age: 53 Estimated birth year: abt 1827 Birthplace: North Carolina Relation to Head of Household: Wife Spouse's name: Geo. W. Father's birthplace: North Carolina Mother's birthplace: North Carolina Occupation: Keeping House Marital Status: Married Race: White Gender: Female Household Members: Name Age Geo. W. Swepson 60 Virginia Swepson 53 Virga. Mc Aden 15 Felex Johnson 41 Charles Cardwell 32 Sallie Cardwell 28 William Cardwell 7 Mary Cardwell 3 Julia Young 32 Edward Young 12

1900 United States Federal Census Name: Virginia Swepson [Virgina Swepson] Home in 1900: Raleigh Ward 1, Wake, North Carolina Age: 73 Birth Date: Nov 1826 Birthplace: North Carolina Race: White Ethnicity: American Gender: Female Relationship to Head of House: Head Father's Birthplace: North Carolina Mother's Birthplace: North Carolina Mother: number of living children: 0 Mother: How many children: 0 Marital Status: Widowed Residence : Raleigh City, Wake, North Carolina Household Members: Name Age Virginia Swepson 73 Harriet Andrews 59 Ashby Baker 37

Born 2 NOV 1826. Caswell County, North Carolina. Source: Details: <a href="http:/wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=dYancey&id">Yancey Family Genealogical Database<a>.

Died 15 MAY 1901. Raleigh, Wake County, North Carolina. Source: Details: <a href="http:/wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=dYancey&id">Yancey Family Genealogical Database<a>.

Buried Oakwood Cemetery, Raleigh, Wake County, North Carolina.

Note: #N1641.

Marriage Husband @I3201@. Wife @I3195@. Marriage 23 NOV 1842. Caswell County, North Carolina. Note: #N25256.

Notes

Note N1641 Virginia Bartlett Yancey (1826-1901)
<a href="https:/www.flickr.com/photos/ncccha/15784308890" title="Yancey Family by Caswell County Photograph Collection, on Flickr"><img src="https://farm8.staticflickr.com/7482/15784308890_04e9173d06_m.jpg" width="240" height="180" alt="Yancey Family"><a>
<a href="https:/www.flickr.com/photos/ncccha/15797820260" title="Virginia B. Swepson 1867 by Caswell County Photograph Collection, on Flickr"><img src="https://farm8.staticflickr.com/7557/15797820260_f1f422571c_m.jpg" width="240" height="173" alt="Virginia B. Swepson 1867"><a>
<a href="https:/www.flickr.com/photos/ncccha/15799378467" title="Swepson_Yancey #2 by Caswell County Photograph Collection, on Flickr"><img src="https://farm8.staticflickr.com/7532/15799378467_b2650ce04c_m.jpg" width="180" height="240" alt="Swepson_Yancey #2"><a>
<a href="https:/www.flickr.com/photos/ncccha/15985105535" title="Swepson_Yancey by Caswell County Photograph Collection, on Flickr"><img src="https://farm8.staticflickr.com/7549/15985105535_faa448b954_m.jpg" width="178" height="240" alt="Swepson_Yancey"><a>
<a href="https:/www.flickr.com/photos/ncccha/3669400578" title="Virginia M. Yancey Swepson died The Landmark 5-17-1901 p.3 by Caswell County Photograph Collection, on Flickr"><img src="https://farm3.staticflickr.com/2443/3669400578_53c77a2962_m.jpg" width="136" height="240" alt="Virginia M. Yancey Swepson died The Landmark 5-17-1901 p.3"><a>
(for larger image, click on photograph) _______________
The Landmark (Raleigh, North Carolina), 17 May 1901 (p.3).
The will of her mother gave to her the portrait of her mother Ann (Nancy) Graves Yancey. She was born Maria Virginia, but changed her name. Some show 1904 as her death year, but her grave marker in Oakwood Cemetery (Raleigh, Wake County, North Carolina) provides 15 May 1901 as the death date. _______________
At least one author speculates that Maria Virginia Yancey eloped with George Swepson when only sixteen years and moved with him to Raleigh. However, doubt on this speculation is cast by the following:
Marriage Record Groom: George W. Swepson Bride: Virginia B. Yancey Bond Date: 23 November 1842 Bondsman/Witmess: Abisha Slade Source: Caswell County, North Carolina Marriage Bonds, 1778-1868, Katharine Kerr Kendall (1981) at 104.
Abisha Slade undoubtedly would have alerted the mother of Virginia B. Yancey to any elopement attempt.
See: Cassebaum, Anne Melyn. Down Along the Haw: The History of a North Carolina River. Jefferson (North Carolina): McFarland, 2011. _______________
Inscription: George William Swepson Born in Mecklenburg County, VA June 23, 1819 Died in Raleigh, North Carolina March 7, 1883
His Loving and Devoted Wife Virginia Bartlett Yancey Born in Caswell County, N.C. November 2, 1826 Died in Raleigh, N.C. May 15, 1901 Trusting in Jesus for Salvation
<a href="http:/www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=94443742"> Find A Grave Memorial<a>
<a href="http:/ncccha.blogspot.com/2006/11/george-william-swepson-1819-1883.html">Biography of George William Swepson (1819-1883)<a> _______________
John A. Graves v. Catharine Howard et al, Supreme Court of North Carolina, 56 N.C. 302 (1857)
The bill was filed by the administrator with the will annexed of Elijah Graves, praying the advice of the Court as to his duty in the payment of the debts and legacies. The parts of the will material to the questions propounded, are as follows:
"To the children of my deceased sister Elizabeth Kimbrough, who may be living at my death, I give the sum of twelve hundred dollars.
"In like manner, I give to the children of my deceased brother Thomas Graves, who may be living at my death, twelve hundred dollars, to be equally divided between them.
"To my sister Catharine Howard, I give the like sum of twelve hundred dollars, if she be living at my death. If she dies before I do, or is now dead, then I give the sum to her children, who may be living when I die, to be equally divided between them.
"To the children of my deceased brother William Graves, who may be living at my death, I give the like sum of twelve hundred dollars, to be equally divided between them. The share of Elijah Graves, the younger, however, to be held by my personal representative in trust, for the sole and separate use of his wife and children, so long as he lives, and then to be paid over to his wife and children in equal shares.
"I give to the children of my deceased sister, Delilah Miles, who may be living at my death, twelve hundred dollars, to be equally divided between them.
"I give to my nephew Napoleon Elijah Graves, my undivided half of the tract of land, near Milton, in Caswell county, known as the Milton race tract.
"I give to my friend Major L. Graves, of Georgia, the sum of three hundred dollars.
"My will is that my land shall be divided as follows:
(Setting out the metes and bounds).
"The lower tract of land aforesaid, I direct to be sold by my personal representative, upon such credit as he may deem expedient.
"To the living children of my sister Nancy Yancy, I give twelve hundred dollars, to be equally divided between them; the share of Virginia, the wife of George W. Swepson, is to be paid over to and held by Giles Mebane, in trust for the sole and separate use of Virginia Swepson aforesaid, so long as she lives, and after her death, if she dies without a living child, to be equally divided among her surviving sisters.
"My will is that all my slaves shall be equally divided among those of my brothers' and sisters' children who may be living in Caswell county at the time of my death, and if there shall not be property enough away from the sale of land, and property of a perishable nature, belonging to my estate, (and such land only as I have directed to be sold), to make the children aforesaid, living out of the county of Caswell, equal, in reference to the division of slaves, with those living in the county, then I direct that the children to whom I give the slaves aforesaid, shall pay to those living out of the county such sum of money as will be sufficient, together with what may arise from the sale of property aforesaid, to equalise them all in the distribution of the slaves; but I direct that the share of Elijah Graves, jr., shall be delivered to and be held by Abisha Slade in trust, as aforesaid, for the sole and separate use of the wife of the said Elijah, and her children, so long as he lives, and then to be equally divided between his said wife and children. * * * All the residue of my estate and effects, I give to the four youngest daughters of my deceased brother William Graves, namely, Isabella Dodson, Fanny Tuberville, Cornelia Tuberville and Virginia Graves."
The first question submitted in the bill, is whether Mrs. Swepson's share shall be assigned to her in slaves, or shall be made up in money. It is insisted by some of the legatees that, because Giles Mebane, to whom the legal interest in the legacy is conveyed, is not a citizen of Caswell county, but lives in Alamance county, she is not entitled to a share of the slaves in kind.
Secondly. The bill alleges that the administrator has sold the land and perishable property set apart for sale, and that the fund thus arising, added to the money on hand, and that arising from debts due the estate, and other sources, is insufficient to pay the pecuniary legacies and debts, and to equalise the division of the slaves between the two classes of legatees. He says that there is nothing falling into the residuum except the houses and lots in Yancyville. He asks the Court to instruct him how to proceed in this case: whether the pecuniary legacies shall abate, or shall he sell property to pay the whole, and if the latter, what property is he to sell? Shall he, in the latter alternative, sell slaves, or apply the money raised by selling the houses and lots falling into the residuum?
The plaintiff also asks the Court to "advise him upon the construction of the will generally."
The several legatees interested in these questions, were made defendants, and filed answers, admitting the facts, but insisting on different views of the rules governing the case, according to their several interests.
Cause set for hearing on the bill, answers and exhibit, and transmitted to this Court by consent.
PEARSON, J.
1. Virginia Swepson is entitled to a share of the slaves. She was living in the "county of Caswell." The circumstance that Mebane, in whom the legal title vested, lived out of the county, does not affect the legacy. She is the beneficial owner. Indeed, the will speaks of her share in the slaves. This removes all doubt.
2. The residue of "the testator's estate and effects," means what is left after all liabilities are discharged and all the purposes of the testator are carried into effect. Consequently, the lots and houses in Yancyville must be sold, if, upon taking an account, it is found necessary to sell any property other than that directed to be sold.
The fund for equalising the distribution of the slaves, is the money arising from the sale of the land and property of a perishable nature, with this restriction, such land only as I have directed to be sold. There is, then, a further provision by which the children who get slaves are to contribute for equality of partition. This is a charge on the slaves as a dernier resort.
The fund for the payment of debts and pecuniary legacies, is the same with this addition, it also extends to the houses and lots in Yancyville, which are not specifically disposed of. This presents a question of "marshalling." There is a fund common to both, and a fund subject only to one charge. Upon a well-settled principle of equity, this separate fund must be applied in aid of the common fund; that is, the lots and houses must be applied to the payment of debts and pecuniary legacies, so that the common fund may, if possible, be made to cover both charges before the ultimate resort is made to the slaves for contribution.
3. The advice asked upon the construction of the will generally, is too vague and indefinite.
There will be a decree in pursuance of this opinion. The costs will be paid out of the estate.
PER CURIAM, Decree accordingly. _______________
1850 United States Federal Census Name: Virginia B Swepson Age: 23 Estimated birth year: abt 1827 Birth Place: Caswell Gender: Female Home in 1850 (City,County,State): Caswell, North Carolina Family Number: 527 Household Members: Name Age George W Swepson 31 Virginia B Swepson 23 Fannie A G McAdam [McAden] 10 Bartlett Y McAdam [McAden] 19 R B Simpson 24 Rebecca Spragins 21 John G Jeffreys 30
1860 United States Federal Census Name: V B Swepson Age in 1860: 32 Birth Year: abt 1828 Birthplace: North Carolina Home in 1860: Alamance, North Carolina Gender: Female Post Office: Graham Household Members: Name Age Geo W Swepson 41 V B Swepson 32 John Patton 28 Alex Holt 24
1880 United States Federal Census Name: Virginia Swepson Home in 1880: Raleigh, Wake, North Carolina Age: 53 Estimated birth year: abt 1827 Birthplace: North Carolina Relation to Head of Household: Wife Spouse's name: Geo. W. Father's birthplace: North Carolina Mother's birthplace: North Carolina Occupation: Keeping House Marital Status: Married Race: White Gender: Female Household Members: Name Age Geo. W. Swepson 60 Virginia Swepson 53 Virga. Mc Aden 15 Felex Johnson 41 Charles Cardwell 32 Sallie Cardwell 28 William Cardwell 7 Mary Cardwell 3 Julia Young 32 Edward Young 12
1900 United States Federal Census Name: Virginia Swepson [Virgina Swepson] Home in 1900: Raleigh Ward 1, Wake, North Carolina Age: 73 Birth Date: Nov 1826 Birthplace: North Carolina Race: White Ethnicity: American Gender: Female Relationship to Head of House: Head Father's Birthplace: North Carolina Mother's Birthplace: North Carolina Mother: number of living children: 0 Mother: How many children: 0 Marital Status: Widowed Residence : Raleigh City, Wake, North Carolina Household Members: Name Age Virginia Swepson 73 Harriet Andrews 59 Ashby Baker 37
Name: Virginia Bartlett Yancey. Given Name: Virginia Bartlett. Surname: Yancey. Source: Details: <a href="http:/wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=dYancey&id">Yancey Family Genealogical Database<a>. A Given name was found in addition to a first name in the NAME tag.
Born 2 NOV 1826. Caswell County, North Carolina. Source: Details: <a href="http:/wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=dYancey&id">Yancey Family Genealogical Database<a>.
Died 15 MAY 1901. Raleigh, Wake County, North Carolina. Source: Details: <a href="http:/wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=dYancey&id">Yancey Family Genealogical Database<a>.
Buried Oakwood Cemetery, Raleigh, Wake County, North Carolina.
Note: #N1641.
Marriage Husband @I3201@. Wife @I3195@. Marriage 23 NOV 1842. Caswell County, North Carolina. Note: #N25256.

Notes

Note N1641 Virginia Bartlett Yancey (1826-1901)
<a href="https:/www.flickr.com/photos/ncccha/15784308890" title="Yancey Family by Caswell County Photograph Collection, on Flickr"><img src="https://farm8.staticflickr.com/7482/15784308890_04e9173d06_m.jpg" width="240" height="180" alt="Yancey Family"><a>
<a href="https:/www.flickr.com/photos/ncccha/15797820260" title="Virginia B. Swepson 1867 by Caswell County Photograph Collection, on Flickr"><img src="https://farm8.staticflickr.com/7557/15797820260_f1f422571c_m.jpg" width="240" height="173" alt="Virginia B. Swepson 1867"><a>
<a href="https:/www.flickr.com/photos/ncccha/15799378467" title="Swepson_Yancey #2 by Caswell County Photograph Collection, on Flickr"><img src="https://farm8.staticflickr.com/7532/15799378467_b2650ce04c_m.jpg" width="180" height="240" alt="Swepson_Yancey #2"><a>
<a href="https:/www.flickr.com/photos/ncccha/15985105535" title="Swepson_Yancey by Caswell County Photograph Collection, on Flickr"><img src="https://farm8.staticflickr.com/7549/15985105535_faa448b954_m.jpg" width="178" height="240" alt="Swepson_Yancey"><a>
<a href="https:/www.flickr.com/photos/ncccha/3669400578" title="Virginia M. Yancey Swepson died The Landmark 5-17-1901 p.3 by Caswell County Photograph Collection, on Flickr"><img src="https://farm3.staticflickr.com/2443/3669400578_53c77a2962_m.jpg" width="136" height="240" alt="Virginia M. Yancey Swepson died The Landmark 5-17-1901 p.3"><a>
(for larger image, click on photograph) _______________
The Landmark (Raleigh, North Carolina), 17 May 1901 (p.3).
The will of her mother gave to her the portrait of her mother Ann (Nancy) Graves Yancey. She was born Maria Virginia, but changed her name. Some show 1904 as her death year, but her grave marker in Oakwood Cemetery (Raleigh, Wake County, North Carolina) provides 15 May 1901 as the death date. _______________
At least one author speculates that Maria Virginia Yancey eloped with George Swepson when only sixteen years and moved with him to Raleigh. However, doubt on this speculation is cast by the following:
Marriage Record Groom: George W. Swepson Bride: Virginia B. Yancey Bond Date: 23 November 1842 Bondsman/Witmess: Abisha Slade Source: Caswell County, North Carolina Marriage Bonds, 1778-1868, Katharine Kerr Kendall (1981) at 104.
Abisha Slade undoubtedly would have alerted the mother of Virginia B. Yancey to any elopement attempt.
See: Cassebaum, Anne Melyn. Down Along the Haw: The History of a North Carolina River. Jefferson (North Carolina): McFarland, 2011. _______________
Inscription: George William Swepson Born in Mecklenburg County, VA June 23, 1819 Died in Raleigh, North Carolina March 7, 1883
His Loving and Devoted Wife Virginia Bartlett Yancey Born in Caswell County, N.C. November 2, 1826 Died in Raleigh, N.C. May 15, 1901 Trusting in Jesus for Salvation
<a href="http:/www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=94443742"> Find A Grave Memorial<a>
<a href="http:/ncccha.blogspot.com/2006/11/george-william-swepson-1819-1883.html">Biography of George William Swepson (1819-1883)<a> _______________
John A. Graves v. Catharine Howard et al, Supreme Court of North Carolina, 56 N.C. 302 (1857)
The bill was filed by the administrator with the will annexed of Elijah Graves, praying the advice of the Court as to his duty in the payment of the debts and legacies. The parts of the will material to the questions propounded, are as follows:
"To the children of my deceased sister Elizabeth Kimbrough, who may be living at my death, I give the sum of twelve hundred dollars.
"In like manner, I give to the children of my deceased brother Thomas Graves, who may be living at my death, twelve hundred dollars, to be equally divided between them.
"To my sister Catharine Howard, I give the like sum of twelve hundred dollars, if she be living at my death. If she dies before I do, or is now dead, then I give the sum to her children, who may be living when I die, to be equally divided between them.
"To the children of my deceased brother William Graves, who may be living at my death, I give the like sum of twelve hundred dollars, to be equally divided between them. The share of Elijah Graves, the younger, however, to be held by my personal representative in trust, for the sole and separate use of his wife and children, so long as he lives, and then to be paid over to his wife and children in equal shares.
"I give to the children of my deceased sister, Delilah Miles, who may be living at my death, twelve hundred dollars, to be equally divided between them.
"I give to my nephew Napoleon Elijah Graves, my undivided half of the tract of land, near Milton, in Caswell county, known as the Milton race tract.
"I give to my friend Major L. Graves, of Georgia, the sum of three hundred dollars.
"My will is that my land shall be divided as follows:
(Setting out the metes and bounds).
"The lower tract of land aforesaid, I direct to be sold by my personal representative, upon such credit as he may deem expedient.
"To the living children of my sister Nancy Yancy, I give twelve hundred dollars, to be equally divided between them; the share of Virginia, the wife of George W. Swepson, is to be paid over to and held by Giles Mebane, in trust for the sole and separate use of Virginia Swepson aforesaid, so long as she lives, and after her death, if she dies without a living child, to be equally divided among her surviving sisters.
"My will is that all my slaves shall be equally divided among those of my brothers' and sisters' children who may be living in Caswell county at the time of my death, and if there shall not be property enough away from the sale of land, and property of a perishable nature, belonging to my estate, (and such land only as I have directed to be sold), to make the children aforesaid, living out of the county of Caswell, equal, in reference to the division of slaves, with those living in the county, then I direct that the children to whom I give the slaves aforesaid, shall pay to those living out of the county such sum of money as will be sufficient, together with what may arise from the sale of property aforesaid, to equalise them all in the distribution of the slaves; but I direct that the share of Elijah Graves, jr., shall be delivered to and be held by Abisha Slade in trust, as aforesaid, for the sole and separate use of the wife of the said Elijah, and her children, so long as he lives, and then to be equally divided between his said wife and children. * * * All the residue of my estate and effects, I give to the four youngest daughters of my deceased brother William Graves, namely, Isabella Dodson, Fanny Tuberville, Cornelia Tuberville and Virginia Graves."
The first question submitted in the bill, is whether Mrs. Swepson's share shall be assigned to her in slaves, or shall be made up in money. It is insisted by some of the legatees that, because Giles Mebane, to whom the legal interest in the legacy is conveyed, is not a citizen of Caswell county, but lives in Alamance county, she is not entitled to a share of the slaves in kind.
Secondly. The bill alleges that the administrator has sold the land and perishable property set apart for sale, and that the fund thus arising, added to the money on hand, and that arising from debts due the estate, and other sources, is insufficient to pay the pecuniary legacies and debts, and to equalise the division of the slaves between the two classes of legatees. He says that there is nothing falling into the residuum except the houses and lots in Yancyville. He asks the Court to instruct him how to proceed in this case: whether the pecuniary legacies shall abate, or shall he sell property to pay the whole, and if the latter, what property is he to sell? Shall he, in the latter alternative, sell slaves, or apply the money raised by selling the houses and lots falling into the residuum?
The plaintiff also asks the Court to "advise him upon the construction of the will generally."
The several legatees interested in these questions, were made defendants, and filed answers, admitting the facts, but insisting on different views of the rules governing the case, according to their several interests.
Cause set for hearing on the bill, answers and exhibit, and transmitted to this Court by consent.
PEARSON, J.
1. Virginia Swepson is entitled to a share of the slaves. She was living in the "county of Caswell." The circumstance that Mebane, in whom the legal title vested, lived out of the county, does not affect the legacy. She is the beneficial owner. Indeed, the will speaks of her share in the slaves. This removes all doubt.
2. The residue of "the testator's estate and effects," means what is left after all liabilities are discharged and all the purposes of the testator are carried into effect. Consequently, the lots and houses in Yancyville must be sold, if, upon taking an account, it is found necessary to sell any property other than that directed to be sold.
The fund for equalising the distribution of the slaves, is the money arising from the sale of the land and property of a perishable nature, with this restriction, such land only as I have directed to be sold. There is, then, a further provision by which the children who get slaves are to contribute for equality of partition. This is a charge on the slaves as a dernier resort.
The fund for the payment of debts and pecuniary legacies, is the same with this addition, it also extends to the houses and lots in Yancyville, which are not specifically disposed of. This presents a question of "marshalling." There is a fund common to both, and a fund subject only to one charge. Upon a well-settled principle of equity, this separate fund must be applied in aid of the common fund; that is, the lots and houses must be applied to the payment of debts and pecuniary legacies, so that the common fund may, if possible, be made to cover both charges before the ultimate resort is made to the slaves for contribution.
3. The advice asked upon the construction of the will generally, is too vague and indefinite.
There will be a decree in pursuance of this opinion. The costs will be paid out of the estate.
PER CURIAM, Decree accordingly. _______________
1850 United States Federal Census Name: Virginia B Swepson Age: 23 Estimated birth year: abt 1827 Birth Place: Caswell Gender: Female Home in 1850 (City,County,State): Caswell, North Carolina Family Number: 527 Household Members: Name Age George W Swepson 31 Virginia B Swepson 23 Fannie A G McAdam [McAden] 10 Bartlett Y McAdam [McAden] 19 R B Simpson 24 Rebecca Spragins 21 John G Jeffreys 30
1860 United States Federal Census Name: V B Swepson Age in 1860: 32 Birth Year: abt 1828 Birthplace: North Carolina Home in 1860: Alamance, North Carolina Gender: Female Post Office: Graham Household Members: Name Age Geo W Swepson 41 V B Swepson 32 John Patton 28 Alex Holt 24
1880 United States Federal Census Name: Virginia Swepson Home in 1880: Raleigh, Wake, North Carolina Age: 53 Estimated birth year: abt 1827 Birthplace: North Carolina Relation to Head of Household: Wife Spouse's name: Geo. W. Father's birthplace: North Carolina Mother's birthplace: North Carolina Occupation: Keeping House Marital Status: Married Race: White Gender: Female Household Members: Name Age Geo. W. Swepson 60 Virginia Swepson 53 Virga. Mc Aden 15 Felex Johnson 41 Charles Cardwell 32 Sallie Cardwell 28 William Cardwell 7 Mary Cardwell 3 Julia Young 32 Edward Young 12
1900 United States Federal Census Name: Virginia Swepson [Virgina Swepson] Home in 1900: Raleigh Ward 1, Wake, North Carolina Age: 73 Birth Date: Nov 1826 Birthplace: North Carolina Race: White Ethnicity: American Gender: Female Relationship to Head of House: Head Father's Birthplace: North Carolina Mother's Birthplace: North Carolina Mother: number of living children: 0 Mother: How many children: 0 Marital Status: Widowed Residence : Raleigh City, Wake, North Carolina Household Members: Name Age Virginia Swepson 73 Harriet Andrews 59 Ashby Baker 37

Sources

Findagrave

Family Bible

Bartlett's Bio

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