1798 Petition of Robert Dial and Vachiel IJames for Joseph Cunningham's Land
General Assembly Session Records.
Nov.-Dec. 1798, Box 3
Petitions Concerning Land, North Carolina State Archives
The Petition
To the Honorable the Speakers & Members, of Both houses of the General Assembly of North Carolina Now Seting in Raleigh
The Humble petition of Robert Dial and Vachiel Ijames Both of Rowan County & State aforesaid - most Humbly Sheweth - that your petitioners are now in possession & living on a Certain peace of land in Said County Given to Each of our wifes Jointly by there father Joseph Cunningham Sent which fell to him in Right of his wife as Nearest of kin to a Certen George Good who Left this State Near fifty years ago and Enterd into Braducks army & have Never been heard of Since and as the only living widows to Make the Necessary proff to Establish the Desent of Said. peace of land are old and Infirm, and by Neglect of Such proof Might hereafter Involve your petitioners in Law & Difficulties we Humbly pray your Honorable Body will pass a Law to give us a remedy in the premises or by any Other way or means as you in your wisdom may think best and your Petitioners are in Duty bound will Ever pray &c
Robert Dial Vachiel Ijames
In Senate 27 Nov. 1798, read & referred to the Committee of propositions & Grieva. J. Haywood. In House of Commons 28' Nov. 1798 read & reja by the Senate.
Notes
1 A copy of this record is available from the North Carolina State Archives, General Assembly Session Records, Nov.-Dec. 1798, Box 3, Petitions concerning land.
2 The Rowan County marriage bond of Robert Dial and Elizabeth Cunningham is dated 27 August 1788 with William Cunningham bondsman. The Rowan County marriage bond of Vachel Ijams & Martha Cunningham is dated 19 September 1791 with Isaac Jones bondsman.
3 The Rowan County will of Joseph Cunningham, dated 29 January 1801, probated 1801, recorded in Rowan County Will Book E:219, named his wife Anny who was to have the home plantation. Sons William and John Cunningham were to to have a part in the iron works in Carter County, Tennessee. Son Joseph was to have the land adjoining his father's. Sons Robert and George were to have land on Elk River in Tennessee. Daughters Elizabeth Dial and Martha Ijames were named. Daughter Mary Yarbrough was to have the 150 acres where she lives. Daughter Anna was to have £150. Executors were his wife Anna and son Joseph Cunningham. Wit: Samuel Dusenbury, Hugh Cunningham. One must assume that Anna was competent in 1798 if she was named executrix of her husband's estate in 1801.
4 There is no extant marriage bond for Joseph Cunningham and an Anny. However, on 26 May 1756, John Mackelhenny of Lancaster County, Pennsylvania, sold to George Good for 20 shillings Virginia money, half of 600 acres granted to him by Granville, Rowan Deed Book 8:242.
On 14 November 1770, Joseph Cunningham was appointed administrator of the Rowan County estate of George Goode decd with Hugh McCreary and James Smith security under £400 bond. On 13 February 1771, Joseph Cunningham filed an inventory of the estate of George Good, Minutes of the Court of P&QS, Book 3:242. Joseph Cunningham knew precisely when and where George Goode died.
5 General Edward Braddock, born in Perthshire, Scotland, was an English general who led British and American troops at Fort Duquesne [near today's Pittsburgh] during the French and Indian War. Braddock died from wounds he received there in 1755. In 1756 George Goode bought land in Rowan County that passed to Joseph Cunningham's daughters, with Joseph Cunningham acting as administrator of George Goode's estate. There is no way Joseph Cunningham could have failed to know the sequence of events. He was there and involved in every step of the process. He was alive at the time this petition was sent to the legislature.
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