The earliest record for George “of Cashie Swamp” who married Elizabeth Gardner is dated 31 March 1741. George “of Cashie Swamp” is a subscribing witness on the deed between Robert Hines and George House. During the Colonial period a male could witness a legal document from the age of 14 and older. However, entering into a legal contract or bond, a minor (under the age of 21) could not enter into the contract. Based on George “of Cashie Swamp” being a subscribing witness, he would have been at a minimum, 14 years of age or born prior to 1727.
We can further refine his date of birth by the second series of events, i.e., the lawsuit between Pettygrove Salsberry and our George. The lawsuit involved George’s failure to repay a promissory note he took out in 1744 from Pettygrove Salsberry. As previously mentioned, George “of Cashie Swamp” would have to be 21 years old to enter into this promissory note or born prior to 1723. Therefore, we will set his date of birth prior to 1723.
In late 1759, Martin Gardner, Sr. died, and his Will presented to the January 1760 Bertie County Court. In the Will, Elebeth [Elizabeth] is referenced as his daughter, along with her sister Catern [Catherine]. Catherine is left one young mare two years old and Elizabeth, one cow and calf, “… that to be Their Sears [shares] of my Estate”. Martin, Sr. had a large Estate and Catherine’s and Elizabeth’s share were relatively small in comparison. Perhaps, each was given a more sizeable gift previously.
On a 29 September 1761 deed between John Gardner and John Heins, the sold land is identified as adjoining George Jernegan’s land. I have not located a deed where George Jernigan acquired land along Cashie Swamp. Later, 1 February 1762, George and Elizabeth Jernegan sell 100 acres to Ezekiel Wimberly. Where did this land come from? Was it a gift to Elizabeth and George from her father Martin Gardner, Sr.?
Finally, at the August 1775 Bertie County Court Session, Ann (Gardner) Standly’s Will is presented and entered into the record. In Ann’s Will, she identifies her sister Elizabeth Jerigen [Jernigan] and leaves her 10 pounds proclamation money.
Based on Martin Gardner, Sr. and Ann (Gardner) Standley’s Wills, I believe Martin’s daughter Elizabeth married George “of Cashie Swamp” Jernigan. In addition to these two Wills, addiotnal court documents support this conclusion. “Figure 1: Martin Gardner, Sr. Family Tree” illustrates these connections.
After Martin Gardner, Sr’s death in 1760, George and Elizabeth sell 100 acres of land lying on Cashie Swamp to Ezekiel Wimberly. Later in 1770, James Gardner sells 50 acres of land which adjoined the land formerly owned by George “of Cashie Swamp”.
George and Elizabeth are not found in Bertie County after they sell the 100 acres of land in 1762.
Figure 1: Martin Gardner, Sr. Family Tree
Is the George who married Elizabeth the same George who was married to Hannah and had an adulterous affair with Faraba Odum?
I do not believe these two George’s are the same person.
If we look at the key events on each George’s timeline, we see overlapping where George is called to appear in Court an when George and Elizabeth sell their land along Cashie Swamp. I believe George and Elizabeth relocated further south to Johnston/Dobbs counties where many Jernigan’s relocated. More research in these counties is needed to determine if they indeed relocated.
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1741, March 31 — Bertie Co., N.C. — Robert Hines of Craven County sells to George House 240 acres lying on Casia Branch. George Jarnigan is a subscribing witness, along with Anth Herring and Wm (W his mark) Hines.[1]
Beginning at a Black Gum in Casia Branch thence along the patent line to a Red Oak thence along a line of marked [212] Marked trees to the Center of Two Hickorys and a White Oak Abraham Sheppards corner then along Sheppards line to the center of Three pines on Rocquiss Branch then up the said Branch to a Pine on Casia Branch then down Casia Branch to the first station.
[DAR Note: Abraham Sheppard was married to James Gardner’s aunt, Catherine Gardner.]
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Pettygrove Salsberry vs. George Jarnagan
Martin Gardner, Sr. posts a £20 Bond for George Jarnagan’s appearance in the suit Pettygrove Salberry vs. George Jarnagan. Witnesses are Martin’s daughter Anna and Jane Gardner for failure to pay £36 promissory note from Pettygrove Salsberry dated 1744. Assuming a minimum age of 21 when he took out the promissory note, George would have been born prior to 1723.
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1745, May 7 — Bertie Co., N.C. — Pettigrove Salsberry versus George Jarnagan, a Writ is issued.[2]
1745, May — Bertie Co., N.C. — May Court 1745, Pettigrove Salsberry vs. George Jarnagan, Narr. Pettygrove Salsberry seeks George Jarnagan to pay his Promissory Note dated 18 January 1744 of £36 to Pettygrove Salsberry.[3]
1745, May 21 — Bertie Co., N.C. — In the case, Salsberry vs, Jarnagan, the Court orders the sheriff to have George Jarnagan appear at the next term of Court.[4]
1745, June 17 — Bertie Co., N.C. — Jarnagan, Bond. George Janagan and Martin Gardner, Sr. appear at the June Court term to post a Bond of £20 to assure George’s appearance in Court to answer the Plea of Trespass from Petygrove Salsbury. Witnesses are Anna and Jane Gardner.[5]
1746, June 28 — Bertie Co., N.C. — A subpoena is issued for John Wimberly to appear on behalf of the plaintiff under the penalty of £100 in case, Pettygrove Salsbury vs George Jernigan. Salsbury vs Jernigan} Spa Executed Att Thos Whitmell.[6]
1747, March 26 — Bertie Co., N.C. — George Jarnagin posts a Bond for his appearance at the next Court term in the case, Salsbary vs. Jarnagin.[7]
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1760, January — Bertie Co., N.C. — Martin Gardner, Sr.’s will, written 6 October 1755 and presented to the January 1760 Court in Bertie County. His daughter Elizabeth is mentioned in his Will.[8]
Bertie County} January Court 1760
The Within Will was Exhibited into Court by Annah Gardner and James Gardner two of the Exors therein Named and Proved by the Oaths of Benjamin Carter and Joseph Holland the Witnesses thereto and at the same time the same Exors Quallifyed according to Law which was Ordered to be Certifyed. Test. Beni. Wynn Cl Cur
Martin Gardner’s Will — Letters Issued the 13th Feby 1760 Recorded in the Secretarys office Book N 6, Page 211, Bertie County.
In the name of God Amen the Sixth day of October In the year of our lord 1755.
Martin Gardner of bartie County Gentelman being very Sick and weake of body but of perfect mind and memory Thanks be Given unto god for the Same and Coling to mind the mortalaty of my body and knowing that it is appointed for all men once to die do make and ordain this my Last Will and Testament that is to Say principallity and first of all i give and recommend my Soul in to the hands of God that Gave it to me and for my body I Recommend in to the yearth to be buried in a Cristian like and decent manner at the discretion of my Executors not douting but at the Generall Resurrecttion I shall receive the Same again by the mighty power of god and as Touchen Such worldly Estate whearwith it hath pleased God to bless me in this life I Give devise and dispose of the Same in the following manner and form.
Iprims I Give and bequeath to Annah my dear beloved Wife one negro man named Jem one bed and furniture.
Item I give and bequeath to my Son James Gardner Two negroes one wench named Febe one negro boy name Ben and one bed and furniture and my plantation and Tract of land whear I now live.
I give and bequeath to my Son John Gardner fore hundred and forty acres of land and plantation Joyning my land That above being up on deep Run and Cashy.
I Give and bequeath to my Three daughteurs Ann and Annah and Jane fore Cows and Calves apeace one fether bed and furnitur apeace and my Iland and plantation to my Three daughters Ann Annah and Jean and further moor I Give one negro apeace To Ann one wench named Peg to Annah one boy named Is and to Jane one Girl named Beck. Turn over
Item and bequeath to my Son William Gardner one young horse Two years old Item I Give and bequeath To my Daughter Catern [Catherine] one young mare of Two years old Item I Give and bequeath to my daughter Elebeth [Elizabeth] one Cow and Calf and that to be Their Shears of my Estate. I Give and bequeath to my Son Martin Gardner one Two year old heiffer and for all the Rest of my Estate after my debts is paid I lend it to my wife during her life and after her Deceas to be equall devidet among my Six Chilldren Three Sons and Three daughters Martain John and James Ann Annah and Jane arid I likewise Constitute make and ordain my younger Son James Gardner and my frend Needham Bryan and my wife my hole Executors and Exsecretors of This my last will and Testament and I do hearby uterly Disallow Revoke and disannul all and Every other former Testaments Wills and legesees bequeaths and Executrs by me in any wayes before this time named willed and bequeathed Ratifiing and Confirming this and no other to be my last will and Testament in Witness whearof I have hearunto Set my hand and Seal the day and year above written.
Signed: Martain (M his mark) Gardner
Signed Sealed Published and
pronounced and declared by the
Said Martin Gardner as his last
Will and Testament in the
Presents of us the Subscribers
Benjama (B) Carter Jurat
Joseph Holland Jurat
1761, 29 September — Bertie Co., N.C. — John Gardner to John Heins 200 acres for £25, joining Cashy Swamp, James Gardner, and George Jernegan. Witnesses are James Gardner, William Junkason, Martn (M his mark) Gardner. [DAR Note: John, James, and Martin Gardner were all brothers and brothers of Elizabeth, George Jernigan’s presumed wife.][9]
Beginning at a maple in Cashy Swamp running out to a Mulberry Tree thence along a line of marked trees to a pine, a corner In James Gardners line thence a Line of marked trees to the old patten line thence along the Sd line unto George Jernegans line thence down his line to the first station consisting of two hundred acres more or less.
1762, 1 February — Bertie Co., N.C. — George Jernegan and Elizabeth (+ her mark) Jarnegan (his presumed wife) sell 100 acres to Ezekil Wimberly situate lying on Cashie Swamp. George warrants he has a “perfect absolute Estate of Inheritance in Fee Simple” title. Witnesses are James Gardner and George House.[10]
At a Pine in Cashie Swamp running up John Hans’s line to a Sweet gum then up a line of marked trees [166] Trees to Ezekil Wimberly line, down his line to Cashie Swamp to a Maple then down the swamp to the first station.
1770, June 25 — Bertie Co., N.C. — James Gardner to Ezekiel Wimberly 50 acres of land that adjoins land formerly owned by George Jernigan.[11]
Beginning at a live ok the Sd Ezekial Wimberly line that formerly belonged to George Jernigan thence running a South West [cross] a line of marked trees to John Gardners line to a pine a corner thence along John Gardners line to Meads line thence along Meads line to a corner of the Sd Ezekl Wimberlys corner to a pine thence down the Sd Wimberlys line to the first station.
1775, 17 June — Bertie Co., N.C. — Ann (Gardner) Standly, Will proved at the August 1775 Bertie County, NC Court. In her Will, she identifies her sister, Elizabeth Jernigan.[12]
Vizt in the Name of God Amen I Ann Standly of the County of Bertie County in the provence of North Carolina Calling to mind the Mortality of my Body and yt and yet it is appointed for all woman once to die I do make this my Last Will and Testament as followeth.
Vizt first of all I give and recommend my Soul into the hands of God that gave it and as to the Worldly Estate that it hath pleased God to give to me I give and bequeath in the manner and form following: I give and bequeth unto my sister Elizabeth Jerigen [Jernigan] ten pounds prock money And Secondly I leave my three Negroes Pegg, Mingo and Nance with all my household goods and Chattels to be Equally divided between Martin Gardner and John Gardner and James Gardner my Brothers and sisters Anne Sparkman and Jane Pervis now it is the True intent and meaning of the my Last Will and Testament that if my Brothers or Sisters or any other claiming under or for them or any of them shall be any ways discontented at this my Last Will and Testamt so as to bring any Suit in the Law or take any of the Good by me left to another that such person so offending shall forfit all their part of my Estate and be cut off with one Shilling Sterling & their par shall have been theirs shall be divided among my other Brothers and Sisters by Joseph Holland and John Gardner whom I do constitute appoint and Impower to be my true and Lawful Executors of this my Last Will and Testament and I do hereby utterly disallow & disannull all and every other former will and Testament in wintess where of I have hereunto set my hand and fixed my seal this seventeenth day of June in the Year of our Lord Christ Seventeen hundred and Seventy five and in the fifteenth year of the Reign of our Sovereign King George the third.
Signed Sealed and published & An (X) Standly (seal)
Delivered in presence of
Benjamin Carter, Jurt
James Gardner, Jurt
Samuel Gardner
Bertie County} August Court 1775. Proved in Due form of Law in Open Court by the Oath of Benjamin Carter and James Jardner two of the subscribing witnesses and ordered to be recorded. Test. John Johnston, Cl
[1] Robert Hines to George House, Deed, 30 March 1741 “North Carolina, Deeds 1722-1857; general index 1722-1924,” images, FamilySearch (www.familysearch.org: accessed 20 January 2023), Bertie > Deeds v. F 1739-1743, Deed Book F, Pages 211 – 212, Film 18249, Image Group 7510473 > images 224 – 225 of 582.
[2] “North Carolina, Civil Action Court Papers, 1712-1970,” images, FamilySearch (https://familysearch.org: accessed 16 Feb 2014), Bertie > Civil action papers 1737-1749 1.C.R.0010.325 > images 133 and 134 of 948. George Jernigan
[3] “North Carolina, Civil Action Court Papers, 1712-1970,” images, FamilySearch (https://familysearch.org: accessed 16 Feb 2014), Bertie > Civil action papers 1737-1749 1.C.R.0010.325 > images 185 and 186 of 948. George Jernigan
[4] “North Carolina, Civil Action Court Papers, 1712-1970,” images, FamilySearch (https://familysearch.org: accessed 16 Feb 2014), Bertie > Civil action papers 1737-1749 1.C.R.0010.325 > images 187 and 188 of 948. George Jernigan
[5] “North Carolina, Civil Action Court Papers, 1712-1970,” images, FamilySearch (https://familysearch.org: accessed 16 Feb 2014), Bertie > Civil action papers 1737-1749 1.C.R.0010.325 > images 135 and 136 of 948. George Jernigan
[6] “North Carolina, Civil Action Court Papers, 1712-1970,” images, FamilySearch (https://familysearch.org: accessed 24 Feb 2014), Bertie > Civil action papers 1737-1749 1.C.R.0010.325 > images 316 and 317 of 948. George Jernigan
[7] “North Carolina, Civil Action Court Papers, 1712-1970,” images, FamilySearch (https://familysearch.org: accessed 16 Feb 2014), Bertie > Civil action papers 1737-1749 1.C.R.0010.325 > image 252 of 948. George Jernigan
[8] Martin Gardner will (1760); Bertie County; MARS ID 12.96.9.38, Secretary of State Records. State Archives of North Carolina; North Carolina Digital Collections (www.digital.ncdcr.gov : accessed 27 June 2023) Secretary of State Wills > SR_SS_XIX_Probate_Wills_Gardner_Martin_Bertie_County_001 – 003.
[9] John Gardner To John Heins, Deed, 29 September 1761 “North Carolina, Deeds 1722-1857; general index 1722-1924,” images, FamilySearch (www.familysearch.org: accessed 20 January 2023), Bertie > Deeds v. L 1763-1772, Deed Book L, Pages 113, Film 18254, Image Group 7510492 > image 110 of 351.
[10] George Jornegan and Elizabeth To Ezekiel Wimberly, Deed, 1 February 1762 “North Carolina, Deeds 1722-1857; general index 1722-1924,” images, FamilySearch (www.familysearch.org: accessed 20 January 2023), Bertie > Deeds v. K 1761-1767, Deed Book K, Pages 165 – 166, Film 18253, Image Group 7510491 > images 182 – 183 of 503.
[11] John Gardner To Ezekiel Wimberly, Deed, 25 June 1770 “North Carolina, Deeds 1722-1857; general index 1722-1924,” images, FamilySearch (www.familysearch.org: accessed 20 January 2023), Bertie > Deeds v. L 1763-1772, Deed Book L, Pages 215 – 216, Film 18254, Image Group 7510492 > image 212 – 213 of 351.
[12] Ann Standly, Will, 17 June 1775 “Bertie County wills, 1761-1942; index, 1761-1961, 1761-1961,” images, FamilySearch (www.familysearch.org: accessed 28 June 2023), Bertie > Wills, v. A-C 1761-1784, Will Book B, Pages 36 – 37, Film 18221, Image Group 4753826 > images 216 – 217 of 445.
Genetic Genealogy GuidePost 