Caswell Newton

ŠJoe M. Newton

Caswell Newton

Born about 1819, Robeson County, North Carolina
Died 10 November 1895
Buried at Ebenezer (Craig) Cemetery, Butler County, Alabama

29 February 1832

This indenture made this twenty-ninth day of February in the year of our Lord one thousand eight hundred and thirty-two between Caswell Newton of the state on North Carolina and county of Robeson of the one part and Willis McDonald and Chasity, his wife, of the said state and county of the other part. Witnesseth that the said Willis McDonald and Chasity, his wife, for and in consideration of the sum of two hundred and forty-six dollars to them in had paid by the said Caswell Newton, the receipt whereof is hereby acknowledged, have bargained, sold, conveyed and confirmed unto the said Caswell Newton his heirs and assigns forever all that tract or parcel of land lying and being in the county aforesaid on the lower side of Dutchel (?) Swamp containing one hundred and sixty-four acres beginning at a maple at the edge of said swamp the north corner of ________ and runs due east thirty chains to a small turkey oak then due south eighteen chains and fifty links to a stake then north fifty-six ______ fourteen chains and fifty link to a stake when south sixty-six east forty-five chains to McCormack's branch then up the ream of the same about thirteen chains to a large black gum then due west seventy-two chains to the edge of Nichols Swamp then down the edge of the same to the beginning it being the lot drawn by him out of the lands of Henry ______, Dec.'s. which piece or parcel of land together with all and singular the rights privileges and appurtenances to the same belonging or in any wise incident or appertaining and we the said Willis McDonald and Chasity for ourselves our heirs and assigns shall and will warrant and forever defend to the sole use and _____ of Caswell Newton his heirs and assigns against any claim or claims of any person or persons whatsoever. In witness whereunto we have hereunto set our hands and seals the day and year before written.

3 February 1835

State of North Carolina, Robeson County. This indenture made the 3rd day of February in the year of our Lord 1835 between John Newton of the state and county aforesaid, of the one part, and Caswell Newton of the said state and county aforesaid, of the other part. Witnesseth that the said Caswell Newton for and in consideration of the sum of three hundred and thirty dollars to him in hand paid by the said John Newton the receipt whereof is hereby acknowledged has bargained, sold, conveyed and confirmed unto the said John Newton his heirs and assigns forever all that tract, piece or parcel of land lying and being in the county aforesaid on the lower side of Mitchell Swamp containing one hundred and sixty-four acres. Beginning at a maple at the edge of said swamp. The north corner of lot no. 1 and runs due east 30 chains to a small turkey oak then due south 16 chains and 50 links to a stake then north 56 east 14 chains and 50 links to a stake then north 16 east 46 chains to McCormick's Branch then up the edge of the same about 13 chains to a large black gum then due west 72 chains to the edge of Mitchell's Swamp then down the edge of the same to the beginning, together with all and singular the rights, privileges and appurtenances unto the same belonging or in anywise incident or appertaining and I the said Caswell Newton for myself my heirs and assigns shall and will warrant and forever defend to the said for and benefit of the said John Newton his heirs and assigns against any claim or claims of any person or persons whatsoever. In witness whereof I have hereunto set my hand and seal the day and year being before written. Signed, sealed and delivered in the presence of Angus McCuaig and Daniel McCuaig.

4 December 1895

Petition to Probate Will of Caswell Newton
The state of Alabama, Butler County

To the Honorable Zell Gaston, Judge of the court of Probate of said county of Butler. Your petitioner, Thomas J. Newton, respectively represents unto your honor that the late Caswell Newton, who was an inhabitant of this county at the time of his death, departed this life on the 10th day on November 1895 in this county leaving assets therein and leaving a last will and testament, duly signed and published by him and attested by Patrick A. Prior, L. E. Powell, and Johnanthan L. Powell, the said Patrick A. Prior and L. E. Powell have since died and the said Johnathan L. Powell now resides in Bulter County, Alabama, in which said last will and testament, your petitioner, as he virely believes is named as the executor thereof as well as executor and legatee, which said will is herewith produced in this court.

Your petitioner states Malinda Caraline Newton is the widow of said decedent and resides in Butler County, Alabama, that your petitioner Abigail S. Newton, John E. Newton, Elvira J. Wallace, Rebecca C. Cook, Robert D. Newton, and William H. Newton are all of the surviving children and next of kin of the said decedent and are all over the age of twenty-one years and of sound minds, that all of said children of said decedent reside in Butler County, Alabama, except the said Rebecca C. Cook, who resides at or near Hurricane Bayou in Baldwin County, Alabama and the said Robert D. Newton, who resides at or near Alco, Escambia County, Alabama.

The premises considered, your petitioners pray that a day may be set for the hearing of the matter of this petition, that subpoena may be issued to bring said subscribing witness Johnathan L. Powell to testify on such appointed day, that due and legal notice of this application and the day set to hear the same may be given to said widow and next of kin of said decedent and that such other proceedings, orders and decrees may be had and made in the premises as may be requisite and proper to effect the due probate and record of said will according to law and in duty bound, your petitioner will ever pray.

Sworn and subscribed to before me on this the 4th day of December 1895.

Will of Caswell Newton

The state of Alabama, Butler County. Know all men by these present that I Caswell Newton of the county and state aforesaid, knowing the certainty of death and the uncertainty of life and being of sound mind and disposing memory do make and declare and publish the following as my last will and testament, revoking all other wills heretofore made by me, viz: After cosigning and giving my soul to God who gave it and cosigning my body to the dust from which it was taken, in name of God Amen.

1st It is my will that my body be decently interred at the Craig Graveyard and that all my just debts including funeral expenses be paid out of my estate, by my executor hereinafter named.

2nd I give and bequeath unto my dear and beloved wife Malinda Caraline Newton and my son Thomas J. Newton and my daughter Abigail S. Newton, share and share alike to have and to hold the same as joint owners the following described lands lying and being situated in the said county of Butler and state and Alabama, to wit: the northeast quarter of section 5, township 9, range 15, and east half of the northwest quarter of section 5, township 9, range 15, and southwest quarter of the southeast quarter of section 32, township 10, range 15, but it is my will that in the event either or one of my above legatees, to wit: my said wife Malinda C., Thomas J., and Abigail S. Newton should die before the other or others, then and in that event the interest of the one or ones so dying shall survive to the one or ones living.

3rd It is my will and I do hereby bequeath to my son John E. Newton the following lands lying in the county of Butler and state of Alabama, to wit: the north half of the southeast quarter of section 5, township 9, range 15, also the northeast quarter of the southwest quarter of section 5, township 9, range 15.

4th It is my will that at my death, all my personal estate of every description shall belong to my beloved wife Malinda C., Thomas J., and Abigail Newton share and share alike and in the event of the death of any one of them, then and in that event, the interest of the one or ones so dying shall survive to the one or ones living.

5th It is further my will that my other children: William H. Newton, Elvira Jane Wallace, wife of George Wallace, Rebecca C. Cook, wife of Alonsa cook, and Robert D. Newton are not to share in any part of the property mentioned in this my will herein bequeathed as aforesaid, as I have other real estate not mentioned in this my will and for other reasons.

6th I hereby nominate and appoint my son Thomas J. Newton, my executor of this my last will and testament and having full faith and confidence in his capacity, honesty and integrity, it is my will that he not be required to give bond in the execution of this my will. In the name of God Amen, and in the presence of these witnesses who I have called upon to bare witness, I, Caswell Newton, do make, declare and publish this my last will and testament written on pages one and two and signed the same on this day the 24th day of August A.D. 1892, in the presence of Johnathan L. Powell, Lucinda E. Powell, and Patrick C. Prior who sign their names as witnesses in my presence and the presence of each other at my request. August 24, 1892.

CS1

Malinda Caraline Davis (Callie)

Born 30 March 1818, Butler County, Alabama
Died 25 May 1904
Buried at Ebenezer (Craig) Cemetery, Butler County, Alabama

Children

1

Abegail Sophronia Newton

Born 17 October 1839, Butler County, Alabama
Died 19 May 1927
Buried at Ebenezer (Craig) Cemetery, Butler County, Alabama
Never Married

2

William Hillary Newton
Note that the Prisoner of War Document gives his middle name as Henry!

Born 3 March 1842, Butler County, Alabama
Died 18 November 1922
Buried at Gravel Hill Cemetery, Butler County, Alabama

3

Elvira Jane Newton

Born 3 February 1844, Butler County, Alabama

4

Walter Amos Newton

Born 26 July 1846, Butler County, Alabama
Never Married

5

Rebecca Caroline Newton

Born 5 January 1848, Butler County, Alabama
Died 23 December 1896
Buried at Ebenezer (Craig) Cemetery, Butler County, Alabama

6

Robert Davis Newton (William)

Born 20 February 1850, Butler County, Alabama

7

Thomas Jefferson Newton (Black Tom)

Born 30 July 1853, Butler County, Alabama
Died 3 May 1913 (Nephritis)
Buried at Ebenezer (Craig) Cemetery, Butler County, Alabama

8

John Ethington Newton

Born 19 March 1857, Butler County, Alabama

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